Legal Question in Real Estate Law in New York
house ownership
couple divorce after 20 years plus **have 2 children now one is 35 and the other 30**house was bought as husband and wife**Wife lives in house now Doesn't the wife have full ownership of home? Are the children entitled to any of it?
2 Answers from Attorneys
Re: house ownership
On divorce, if the title and other disposition of the house and its proceeds were not specfically addressed by the court decree or agreement of the parties (hard to believe) the ownership became "A and B as tenants in common". That means that each has 1/2 interest to do with as he/she wishes, sell...give away by will, etc. Either can sue to force a sale and divide the proceeds. Again ..difficult to fathom that it hasn't been addressed. Children have no interest in the house by virtue of the divorce per se.
Re: house ownership
wife has the ownership that the divorce decree allows..nothing, more nothing less...children have nothing out of divorce...all children are entitled to is what they are given, or left through a will.
Good Luck
RRG
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