Legal Question in Real Estate Law in New York

my to be ex-husband refuses to sell

I am in the process of divorcing my husband. We share a single family private house in Queens, New York. We are both co-owners on the title/deed. My adult daughter lives with us and is also a co-owner. Me, my husband and my daughter all live in the house together. My husband is mentally unstable; mentally and emotionally abusive to me. My lawyer wants us to sell the house. She cannot understand why it is not on the market already. My husband refuses to sign anything so the house can be sold and he says if he doesn't like the price we are offered he won't sign anything. He also threatens to tell potential buyers that we have rats and the former owner hung himself in the basement, etc to discourage anyone from buying. I want out of this marriage and this house. Can I file for partition of property? Will I need to hire a real estate attorney? Or can my divorce lawyer file? I really can't afford another attorney.


Asked on 9/02/08, 5:00 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: my to be ex-husband refuses to sell

You cannot partition the property. However, the property may be sold in the divorce proceeding. The daughter having an ownership interest does pose an interesting obstacle.

I do not know if your divorce attorney can handle the real estate transaction. I would think that you should ask her.

Mike.

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Answered on 9/02/08, 8:35 am


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