Legal Question in Family Law in New York
Do I lose my rights?
My husband and I own a home together. If I decide to move out of the house without informing him prior to my moving, will I lose my rights to our jointly owned home? Can he lock me out? If I decide to let him keep the house himself and turn ownership over to him, would he be required to buy me out or would he just be able to say, ''see ya...you left, you abandoned me...so you get nothing.'' ?? Thank you very much for your help.
2 Answers from Attorneys
Re: Do I lose my rights?
No, you don't forfeit any equity you own in the house by moving out. However, what you do and how you do it can affect your rights, so you should be careful. Particularly troublesome would be anything along the lines you suggested of "If I decide to let him keep the house himself and turn ownership over to him..."
Assuming you're contemplating a divorce under New York law, the rules of Equitable Distribution govern how property will ultimately be split. How those rules will apply in your situation is something you should discuss with an attorney who handles matrimonial casses.
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Re: Do I lose my rights?
You don't lose your equity rights in the home, but you may be forfeiting a right to possession depending on the curcumstances. Also with respect to divorce you may be setting up grounds for abandonment.
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