Legal Question in Family Law in New York

Re: Can a divorce force a sale of a home with multiple unmarried owners?

Yes, wife can claim an "equitable share or interest" (possibly 1/2 of your son's 1/3 share, or interest) in your family premises.

However, wife's "derivative claim" and would be based upon, and entirely controlled by the terms and conditions of your son's agreement and contract with you and his brother's (CoTenant's of the property).

In addition, each title holder's equitable share and interest (in money terms) would be based upon the respective parties' direct and indirect contrbutions to the acquisition and maintenance of the premises.

Although, it is unlikely you as a "residential Co Tenant" would be excluded, removed from the premises, or compelled to sell, (if the money due to wife, cannot otherwise be paid to wife), wife (or any interested party), can and MAY file a Partition action and demand an accounting, disposition, sale, or other resolution of the property and equity issues, upon any terms the Court may deem appropriate.

Although it is unlikely residential "Co Tenants" (ie., you & son/s,) would be excluded, removed from the premises or compelled to sell, (if the money due to wife, is not paid), wife can or may file a Partition Action, for disposition and resolution of said outstanding issues.

Good luck,

Re: Can a divorce force a sale of a home with multiple unmarried owners?

I understand your concern and can offer some reassurance that the soon-to-be-ex-wife has less power than you are assuming.

1. The 1/2 of 1/3 is a 'marital asset' but it is also a financial asset. A worst-case-scenario will give her the $ equivalent of the equity in the house at the time of commencement of divorce.

2. That means that: every day no divorce is filed , more equity goes into the house. On the other hand, every day no one files for divorce is another opportunity for the marriage to be repaired and your son to live happily with a woman he loves.

3. There is virtually no chance that there will be a 'forced sale' of the house. That is an empty threat. Ignore it - it is effective only in panicking people who do not know their rights and the workings of the law.

You are welcome to a consultation for no fee. Email is best to make an appointment.