Legal Question in Family Law in New York
marital house
i am going through a tedious divorce proceeding and have incountered a iteresting dilema that i need clarification on. The marital home, there is currently about 70k of equity in the home, the deed and mortgage are solely in my name. and i have been trying to buy out my wife but she will not allow me to do so. she wants the house
my question is this: when i asked her how she was going to buy me out she said that she was going to refinance the house, seeing that the mortgage and the deed are in my name can she capitalize on the loan that i already have or does she have to aquire her own loan for the balance of the mortgage and the half of the equity that i am entitled to?
she is also trying to count on future monies that she intends on getting from social security disability, will the court allow her to count on money that she might get in a couple years?
any help you can provide would be appreciated.
1 Answer from Attorneys
Re: marital house
It sounds like it will be hard to accomplish what she wants. In either case of her refinancing or buying you out, you will insist on extinguishing the old mortgage and note. Feel free to call my office to discuss your case in detail.
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