Legal Question in Family Law in New York
Distribution of proceeds of real property after divorce
I've been divorced 5 years (since re-married) and own property in NY with my ex-spouse. When I filed for divorce, I did not have any provisions included for disposition of the house as I was living there at the time, paying all the costs for mortage and taxes, and could not afford to buy out his half. Since then he has taken up residence and I have moved to another state. I need to know if there is a way to get him to pay me half the present value of the house or to force its' sale. I've tried asking him to buy out my half, have offered to pay for the appraisal and any attorney fees, plus whatever it costs to have it transferred into his name solely. He has refused to respond to my request. Can you help?
3 Answers from Attorneys
Re: Distribution of proceeds of real property after divorce
If your divorce judgment does not contain any provision regarding disposition of your marital residence,it is likely that you can force a sale of the house by starting what is called a partition action.
If you have any questions, feel free to contact me.
Whitney A. Clark, Esq.
518-383-1182
Re: Distribution of proceeds of real property after divorce
You will have to commence an action to resolve this issue.
Please feel free to contact me if I can be of help.
Daniel Clement
Re: Distribution of proceeds of real property after divorce
Have you asked the attorney who represented you in the divorce for his opionion?
I would need to see the Judgment of Divorce and to speak with you, before I could advise you here.
These issues can usually be settled, without resort to litigation.
If you wish to discuss this with me privately, please call me to schedule a consultation.
I practice in NYC and Long Island.
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