Legal Question in Family Law in New York

Im married with three children. The deed to my home is in both myself and my husbands name but the mortgage is under souly my husbands name because his credit was better.

Now comes the kicker, he is threatening divorce and wants me and my children outof the house. He said he owns it. By law i own half on the deed, can you do this just because he holds the mortgage?

I am also on the mortgage somewhere but am not responsible to pay it back he is

any advice?


Asked on 2/04/10, 7:44 am

2 Answers from Attorneys
Adelola Sheralynn Dow The Law Offices of Adelola Sheralynn Dow

No he cannot just kick you out of the home. You have just as much right to be there as he does. You will want to consult a divorce attorney in your area as soon as possible.

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Answered on 2/09/10, 7:58 am
Paula McGill Paula McGill Attorney at Law

I agree with the former answer. Moreover, because the deed is in both of your names, until the court becomes involved you have equal rights to the house. In fact, one significant fact regarding the mortgage is that if he should ever stop paying on the mortgage, the mortgage company couldn't come after you for any of the payments.

Also licensed and practicing in New York.

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Answered on 2/10/10, 10:11 pm


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