Legal Question in Family Law in New York
my wife left our home 5 years ago. i now have a girl friend liveing with me can my wife take my house because my gril friend lives with me?
2 Answers from Attorneys
If you house was purchased during the marriage, it is a marital asset and owned by both of you therefore she is entitled to half interest in the house. During the divorce proceeding you can try to ask that since she abandoned the marriage, you should be given credit for the carrying charges that you incurred unilaterally for 5 years. This is not an easy argument to get the court to accept but it can in rare circumstances be accomplished.
You need to start a divorce action as soon as possible to protect your rights on many fronts.
If you would like a free consultation you can call me at 516-746-4747 or e-mail me at [email protected].
Joel R. Salinger
It's hard to offer advice based on what you have provided. Did you own the home yourself before you were married? Did you purchase it together with your spouse? Did your spouse already start an action or is she threatening to do so? Feel free to call me personally at 212-913-9907 or visit my website at http://www.NYCDivorceCenter.com.