Legal Question in Family Law in New York

Rights to marital home after leaving

I left my home, moved in with parents to ease tensions in the home because 17 yr. old daughter was pregnant. I've been out about 6 mos. Wife wants divorce. Have I forfeited my rights to the marital home because I left?


Asked on 10/23/04, 7:12 pm

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Rights to marital home after leaving

Without knowing all the facts, it is impossible to fully assess your case. I suggest you consult with an attoreny in private.

Please feel free to contact me if I can be of help.

Daniel Clement

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Answered on 10/25/04, 1:04 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Rights to marital home after leaving

No you have not lost your rights to your equitable share and interest in your marital home, because you moved out. However, your move may serve as the basis for your spouse retaining exclusive possession and occupancy of the premises, until your youngest "child" attains the age of majority, which in NY is 21yrs old.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/23/04, 9:23 pm


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