Legal Question in Family Law in New York

My friend and his wife are looking to get a divorce. His wife moved Out of the house 2 years Ago and has not helped with the mortgage or any of the bills and he has been paying them by himself. She now wants a buyout or for him to sell the house and give her half. Is she still entitled to this after leaving about 2 years ago and sticking him w the mortgage?


Asked on 12/30/12, 4:09 am

1 Answer from Attorneys
Paula McGill Attorney at Law

Your friend needs a local experience family lawyer to discuss his divorce. It appears it's going to be a bitter one.

New York is an equitable property state. As a result, there is no guarantee she will be entitled to half of the value of the house. Moreover, the fact that he paid 100% of the mortgage for two years may influence the equitable division. The court will determine if the house is sold or someone can stay in the house until it gets refinanced. Therefore, again, he needs an attorney to look into all the facts and negotiate a settlement (if possible).

Also licensed and practicing in New York.

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Answered on 12/30/12, 9:40 pm


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