Legal Question in Family Law in New York

Re: Seeking divorce, property issue

You don't have any time to waste. Since your name his not on the house or Mortgage?, your interest in the house is not secure. It can be dissipated, by your husband w/o warning at any time.

Get a lawyer!

If you think the "house is going to be an issue," it Will be; and you will Need a lawyer. It's doubtful the court will allow you to proceed w/o one or appoint one for you, because you and your husband have assets, in the form of the house.

In the interim, You have the right to Petition Family Court, for child support, from your spouse, if you have a child under 21 years, that requires support.

Or, your husband can agree, in writing, to pay child support, w/o a court order. HE can arrange to have the support automatically taken from his wages and sent directly to you, via his personnel dept garnishment.

You also have the right to apply for spousal support/alimony, if you need support from your husband and he has the ability to pay.

He again, can agree in writing, to pay spousal support for a period of time via automatic deduction .

You may, with your husband's cooperation, consent and agreement, remove your personal and other property from your marital home, as soon as you are able/w/o prejudice to any other rights you may have to the premise.

W/O his consent, with police assistance, you can remove your and your children's personal property. If you need the items, get them out before they are lost and destroyed.

The least you would likely be entitled to for your interest and share of the premises would be 1/2 of 50% of the value and equity in the house. To wit: if house sold & nets $100,000.00, your interest might be $25,000.00. It can be argued that you are entitled to more. However, if you delay, you could be left with nothing.

Good luck,

Phroska L. McAlister,ESQ