Legal Question in Family Law in New York
we are a family of 3. my son is 18. my husband wants divorce and to sell the house where we all reside so he can have his share. i dont want to sell it for many diffrent reasons. what are my rights in terms of deviding property? if we do go through divorce, my son will stay with me
2 Answers from Attorneys
While married your husband is not allowed to sell the house. However, upon a divorce he does have the right to sell and divide the equity under equitable distribution laws.
A house is an asset just like any other asset (stocks, bonds, bank accounts, jewelry, etc.). If the house is appraised and both parties agree on the value, you may swap an asset of equal value for the husband's equitable share in the house. If there are no assets of equal value, you may purchase his share and stay in the house.
Mike.
There are many variables involved. I strongly suggest that you contact an attorney to discuss. http://www.NYCDivorceCenter.com
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