Legal Question in Real Estate Law in New York
My husband and I purchased a home two weeks before we got married. He put $100,000 down on the mortgage.
One year later he decided that we should refinance the mortgage, we did so, with no out of pocket expenses. We own the house as joint tenants with right of survivorship. We are separated. He does not want to sell the house, he wants to continue to reside in the house. I moved out of the house. He refuses to buy me out. It is my understanding that the house would not be a part of the divorce proceedings because it is not marital property. What are my options in forcing him to sell or buy me out?
2 Answers from Attorneys
This can be resolved in your divorce proceedings.
The house is definitely part of the divorce proceeding. If you guys can't figure out a solution, then the judge is going to order the house sold. This is going to get very, very expensive if you can't figure out how to settle this problem.
Good luck.
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