Legal Question in Family Law in New York

House abandonment

My husbands name is on deed.

House was gifted to him by mother.

Husband and I agreed upon splitting half of what ever the house appreciated to since our marriage date of Oct. 15 2000

Wrote it down and both signed.

Husband has since left the house and I had been living alone in it.

This past month I moved out, but move things around in the house like I still live there.

What's your advice on my living situation? Should I stay in the house in that I don't Abandon my rights for 1/2 appreciated value? Or should I quickly move back in? What other guidance can you off me? I really appreciate it. Thank you.


Asked on 12/08/04, 6:24 am

2 Answers from Attorneys
richard feldman richard d. feldman

Re: House abandonment

as you have signed an agreement it shouldn't matter whether or not you live in the house. it sounds like you need pre divorce planning. you can call me for a free consultation at 516 466 5297

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Answered on 12/08/04, 10:02 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: House abandonment

The good news is that your rights to the house are covered by the written agreement and only another written agreement can affect those rights.

It sounds like you and your husband are dealing with the difficulties of divorce with civility, but it is recommended that you have a lawyer review any final agreement before you sign.

If you would like such a review or have any other questions you are welcome to a consultation for no fee.

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Answered on 12/13/04, 12:20 pm


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