Legal Question in Family Law in New York
My husband and I dont live together he left me for another woman that he is actually living with her in another house. We owned three houses together, two of them were purchased by him before we got legally married but we were living together, we already had two daughters out of marriage, then we bought the third house after we got married. In the last house (the one bought after marriage) I am living with my two daughters, and while married he always said that he would give one of the houses to our daughters. He is suposed to pay me 1,200 per month but until now I only received 800 and the last three months I had to go to court to get the 3 months that he was owing me. All three houses are being modified right now and someone told me that he applied for bankrupsy and wants to sell all the houses and send me to the street with my girls. What can I do? Can you help me? Since I am not legally divorced he is doing everything against me as legal husband. How can I divorse this man without going to an attorney since I have no money? Is it possible to do it through the Town of Islip? Do I have to free myself of this man in order to achieve what is legally right for me and my girls and that way he cant throw me out of the house I live with my girls? Please help me!!
1 Answer from Attorneys
A lot of information and questions.
Q. What can I do?
A. Even if property was purchased before marriage, if it is being maintained during the marriage the increase in value is marital property subject to equitable distribution. The house purchased during the marriage - even if solely in husband's name - is marital subject to equitable distribution. If you immediately commence a divorce action, the husband would not be allowed to transfer the houses subject to the approval of the Court.
Q. How can I divorse this man without going to an attorney since I have no money? Is it possible to do it through the Town of Islip?
A. Attorney fees may be obtained from the husband through Court Order. If you have no money to even retain an attorney, you may contact the Suffolk County Bar Association for an attorney that charges a reduced fee - or even a free attorney.
Mike.
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