Legal Question in Family Law in New York

Moving out

I'm legally married. My spouse and I are both on the deed; however, the mortgage is in his name only. Can I move out prior to having a legal separation? Would moving out compromise me in any way ?


Asked on 9/18/08, 9:22 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Moving out

When you ask, "would moving out compromise me in any way," I assume you are solely referring to the house. Therefore the answer is no. You would still have the right of equitable distribution on the house.

If you ask whether leaving the premises would compromise you in a way other than ownership of the house, it would depend on the specific facts of the situation.

Mike.

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Answered on 9/19/08, 8:04 am


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