Legal Question in Family Law in New York

ok - here is my question: My husband moved out over 2 years ago - i have no address or phone number for him - he moved out of his last known address - probably didn't pay the rent creditors are always calling me looking for him - i live in the house we lived in while we wre together - the house is in his name mortagage and all - i have been paying the whole thing by myself i have not filed for divorce because i have no money and i dont know where he is - what are my legal rights regarding the house? oh and there are probably leins on the house due to his poor credit after he left


Asked on 9/28/09, 5:15 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Even if the house is in his name, it is deemed marital property subject to equitable distribution.

Mike.

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Answered on 10/03/09, 5:34 pm
Joel Salinger Law Office of Joel R. Salinger

In a divorce, your rights are that the house is a martial asset and subject to equitable distribution. That being said, you are in a situation that you must take action to protect yourself from creditors and your husband. You should attempt to secure representation as soon as possible. Contact the local bar association for an attorney who is part of the reduced fee panel. Until a divorce is enjoined or you take action to change the deed, you are open to actions taken by your husband, a creditor or bankruptcy.

Good Luck.

Joel R. Salinger

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Answered on 10/03/09, 7:00 pm


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