Legal Question in Family Law in New York

will i get in trouble

my soon to be ex was awarded temporary exclusive use of the marital residence. the same residence is deeded to me alone. my question is: although i am not allowed to do encumber any debt in relation thereto, what would happen to me if i sold the house, without her knowledge? i believe that this would constitute contempt of court, but what would actually happen?

thank you for your help,


Asked on 5/11/06, 7:53 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: will i get in trouble

A creative bit of troublemaking indeed! (1) the court would find you in violation of a court order. While you might escape any sanctions (jail/fine in dollars), there would still be repercussions.

(2) The increase in value of the home might be considered 'marital property' and she might get a share of that whereas she might not otherwise. (A change in the status of the property is unlikely, but remotely possible.)

(3) You would be required to pay all of her housing expenses until the final divorce is ordered by the court.

There are costs here, but also huge inconvenience for her. Is her inconvenience worth your costs? If it were me, I would not do it. Instead, I would take the weekend off and relax far away from her. Camping is one option. Bermuda is another. I would stay away from Las Vegas. This is a bad time for you to go for a weekend of gambling.

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Answered on 5/12/06, 12:21 pm
Alexander Sklavos Law Offices of Alexander E. Sklavos, PC

Re: will i get in trouble

Yes you will get in trouble - and you could be locked up. This is a question your counsel should answer - if you don't have counsel, that probably explains the situation you find yourself in. We can help - feel free to come in for a free consult. five one six, two four eight, four thousand.

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Answered on 5/11/06, 9:49 am


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