Legal Question in Family Law in New York
I'm in New York state where family court and divorce laws are complicated. I'm married with kids and wife is pushing for me to leave the house, stating that it's in her name. What are the legal ramifications of me leaving the house in order to maintain some peace for the kids? Could I jeopardize my parental rights by temporarily leaving before any legal steps have been made?
1 Answer from Attorneys
You should protect yourself against allegations of abandonment by putting your informal separation in writing.
If she inherited the house or bought the house before you were married, you may still have an interest in the house if you get divorced. By way of example, you may have increased the value of the house by doing or paying for improvements or paying all or part of the mortgage.
In general, if you put the informal agreement in writing, including visitation times with the children and child support, any argument she may have regarding abandonment would unsupported.
Also licensed and practicing in New York.
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