Legal Question in Family Law in New York

Re: Joint Residence

Since you are still married, the condo is marital property. If you wife objects to your moving in, she could attempt to prevent you from moving in based upon the lack of title in your name. However, if you were to obtain a divorce, the divorce court would divide the condo because it is marital. If you would like to discuss this matter in detail, please call my office at 518-383-1182 to schedule a consultion.

Re: Joint Residence

There's some information missing and your question is unclear. Are you and your wife seaparated or planning on divorcing?

If you are still together there is no issue regardless of who's name is on the loan or on title. And it is not necessary to remain in a spare bedroom.

If you and your wife are separating there are other issues involved.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Joint Residence

Divorce is always difficult, but it is good that your daughter is an adult.

You have a right to reside in the same domicile with your legal wife. Since she is still your legal wife, you may live in the home.

There is a further question. Clearly, you are separated. Did you discuss and come to an agreement on the issue of your domicile and title to the condo? Even if you have, that agreement is likely not enforceable.

It may be time to initiate a formal divorce and use your share of the marital property (which very likely includes the condo) for your own living expenses.

In this situation, I would petition that she pay your legal fees. That will often get a fast settlement. (A fast action would not be expensive. Something like this I would charge $1500.)

You are welcome to a consultation for no fee.