Legal Question in Family Law in New York

Divorce not Settled, Husband living with girlfriend in marital property

My husband and I have been separated for 18 months, I filed for divorce by reason of cruel and inhumane treatment in October of 2005. He accepted my terms, and agreed to the divorce, however he has been dragging his feet, and things do not seem to be moving, even after two court appearances.

Here is my problem, we own a home together, he is currently living there. I continued to pay the mortgage from the time I left through April of this year because I did not want to negatively affect my credit. Once I told him I'd no longer pay, his parents have paid off the mortgage. Now we can't agree to a value of the home, he had a low appraisal, and I had one which was higher. I have requested that we put it on the market to get a fair price but I believe he is not doing it since the market is sliding in his direction. Now has his new girlfriend living there. Can she legally live there even though the divorce is not settled, can I charge her rent to recoup some of the monies I paid over the past year?


Asked on 11/23/06, 3:40 am

2 Answers from Attorneys
Seth Kaufman Kaufman PLLC

Re: Divorce not Settled, Husband living with girlfriend in marital property

The house can be appraised at any time for its value as of any specified date (i.e., current or past), so the key is not necessarily getting the appraisal done right away - it is getting the house sold and/or the court to fix its value for the purposes of ED as of a date that is to your advantage. If you do not have an attorney, I strongly advise you to retain one as soon as possible, as the value of your interest in the property, and when you will relaize it, is largely subject to the discretion of the court.

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Answered on 11/24/06, 2:47 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Divorce not Settled, Husband living with girlfriend in marital property

Ask the court to choose an independent appraiser from their list of approved court appointed appraisers. You are right that prices are falling so do it ASAP.

As for the girlfriend. You can not collect rent as she is his "guest" there with license from him(not a tenant) and he is a co-owner.

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Answered on 11/23/06, 11:13 am


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