Legal Question in Family Law in New York

My husband and I have not gotten a Legal Separation yet. I've been holding off so I can continue health coverage on his plan. The mortgage is in his name only; my name is only on the deed. I'd like to move out (because he won't) .If I move and stop contributing to mortgage,etc. will this be considered abandonment (create a cause for divorce) and/or affect what I'm entitled to when house is sold. .


Asked on 8/29/09, 9:47 am

2 Answers from Attorneys

Rory Alarcon Rory Alarcon, Esq.

You can still be separated and continue to be covered under his health insurance. Your failure to contribute to the mortgage does not create a cause for abandonment (as abandonment, under any matrimonial cause of action, is a physical act / failure to act (leaving the residence for one or more years without cause or denying sexual relations for one or more years), but failure to contribute to the mortgage may assist in a claim of "cruel and inhuman treatment" (though not permit these grounds if alleged with no other acts).

Short answer on the home value question: Yes, your share may be diminished if a court finds your failure to make payments unreasonable.

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Answered on 9/03/09, 9:57 am
Michael Markowitz Michael A. Markowitz, PC

Q. If I move and stop contributing to mortgage,etc. will this be considered abandonment (create a cause for divorce)

A. If you leave the house for a period of 1 year, that constitutes a cause of action for abandonment.

Q. and/or affect what I'm entitled to when house is sold.

A. Your husband should (although not necessarily) be credited for principal paid toward the mortgage.

Mike.

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Answered on 9/03/09, 10:08 am


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