Legal Question in Family Law in New York

House equity

My husband and I have been apart for two years...nothing legal...just seperated....I have been paying 1/2 the mortgage since the seperation. Someone told me that since I am no living there I have no rights to the house. Is that true? Should I move back in?


Asked on 4/25/07, 1:18 pm

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: House equity

No, that is not true. YOu are entitled to half of all that he has, and visa versa. You have probably made it harder for you to get the house, but that didn't seem like your plan anyway;

In a matrimonial with property you would be best served by hiring your own lawyer.

Good luck

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Answered on 4/25/07, 3:00 pm
Lissa Luke Luke Law Offices PLLC

Re: House equity

That is absolutely not true. If both your names are on the deed as equal owners, then you have, by law a fifty percent interest in the property. Even if your name is not listed on the deed but you purchased the property during the marriage, then you are still entitled to interest in the property. The only reason that you would probably want to move in is if you suspect that your husband would try to sell the property without your knowledge or if he might do things to adversely affect the value of the property. Why haven't you attempted to get divorced from him?

Please contact my office to discuss this matter further.

Lissa Luke, Esq.

Disclaimer: This information should not be relied upon as legal advice because it is not a substitute for an in-person consultation with an attorney. Nothing stated in this response constitutes the establishment of an attorney-client relationship between you and this firm.

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Answered on 4/27/07, 12:33 pm


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