Legal Question in Family Law in New York
wife wants to divorce a drug injured and disabled husband with no income
My friend wants to divorce her husband of ten years. He had not made any contributions to her mortgage payments and has over the years wasted family assets on cash advances and american express debts to buy drugs while on SSI. He has spent money on cars that were reposessed, putting the family in debt. In 2002 the husband had overdosed on methadone and became disabled physically and mentally, requiring a home health aid in the home while the wife works. If she divorces him does he have any stake in here home? She has a one permenantly disabled son age 24 at home on disability due to a brain injury at birth and, another 14 yr old son at home.
2 Answers from Attorneys
Re: wife wants to divorce a drug injured and disabled husband with no income
If he is on the deed, he is an owner. However, the court may award her the home or require the home to be sold and award her a larger share of proceeds, if the court finds it just and equitable
under the facts you stated.
Re: wife wants to divorce a drug injured and disabled husband with no income
During the course of the marriage all proceeds received and all debts incurred are considered to be the assets and liabilities of the marriage. In other words, legally it doesn't matter if he didn't contribute to mortgage payments as long as one was, they both were.
Now from an equity standpoint the circumstances can be taken into consideration when dividing the marital proerty but she cannot just sell the home, absent a court order, and take all of the proceeds for herself.
Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699
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