Legal Question in Family Law in New York
What are my legal rights to the family home?
We moved into this home approximately seven years ago and purchased the home from my aunts estate. Because my credit was bad the mortgage was done in my husbands name and the understanding was that my name would be put on the deed at a later date by my husband. At the original closing and at the later refinacing I had to sign all the mortgage documents along with my husband. Our financial arrangement was that he pay the mortage and I pay for all other expences for the family. The light,gas,phone,satellite and most of the food for the family. The house is home to myself, my spouse, my four children and my mother. Since we have been having serious problems, my husband has been saying my mother and I have to get out. I have asked him to leave on several occassions. I am experiencing emotional battering on almost a daily basis and need to know what my rights are. I do not want to uproot my children or my 80 yearold mother and this is why I have stuck with the relationship so long but I find myself more and more distraut everyday and it has begun to effect my performance at work. I need help in understanding if my family and I will lose our home as he becomes more irrational evryday.
1 Answer from Attorneys
Re: What are my legal rights to the family home?
Are you sure you are not on the Deed? Why would you sign any papers (note and/or mortgage) if not on the Deed? Usually, when there is bad credit, you sign the mortgage because you are on the deed.
However, to answer your question, if the property is considered a marital asset it does not matter whose name it is in, it is shared equally.
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