Legal Question in Family Law in New York
If a husband and wife, whose names are both on the title, agrees that the husband will move out and the wife will assume all payments of the house after the divorce...
1) Is it in the wife's best interest to change the name of all the bills to the house (e.g., utility, phone, alarm, internet) to the wife's name or leave it in husband's name?
2) If husband paid the mortgage before divorce (2-3 years) and wife pays after divorce, is there a law/rule that determines whether all shared property is split 50/50 or depending on who pays more when the house is later sold?
1 Answer from Attorneys
The bills should be put in the name of the person who will be paying them as the other person is no longer responsible for them. As far as splitting the house as an asset, there is a lot of complexity that can go into that and you really should consult with a local family attorney to make sure your rights are preserved.
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