Legal Question in Family Law in New York

My ex-to-be and I are in a nasty bitter divorce that has been going on for 2 yrs. I have list the house with a broker to sell it, but he was so uncooperative, just tormented and abuse me. So I was force to leave the martial home. He change the locks on the door, refused to sell it, refused a short sale. He continued to live there, has not paid the mortgage and taxes since Oct./2009. Now it is in foreclosure. I received a letter from the town as well. I am afraid there will be judgements out against me. Please advice what steps I should take to avoid all this and how to I get this house from him and sell it.

Desperate.

Cathy


Asked on 3/03/11, 1:21 pm

1 Answer from Attorneys
Howard Knispel Howard E. Knispel, P.C.

Your attorney should have asked for exclusive use and occupancy of the house when the divorce was started. Considering he is not paying the mortgage, a Judge would likely have granted it. The judge could also place the house in receivership so that it could be sold by a court appointed receiver. Also, a Judge can order the sale of the house if not doing so would cause the house to be lost in foreclosure.

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Answered on 3/03/11, 2:31 pm


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