Legal Question in Real Estate Law in New York

wants to sell as is

My wife and I had an argument and she wants to leave. She's not willing to wait around until we finish all the house repairs and wants to sell as is and take her share. We'll definitely lose a good chunk of money. Am I obligated to do as she wants? What are my rights and options?


Asked on 12/03/03, 10:49 pm

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: wants to sell as is

This is generally a matrimonial question, not purely real estate. Generally, there are issues of equitable distribution, which depend upon length of marriage, are there children, does she work or is she a housewife, etc.. She may be entitled to a share of the house, but you could purchase her interest, rather than sell it; particularly if there would be a loss involved. I suggest speaking with a matrimonial attorney who can review the family situation and better advise you.

Read more
Answered on 12/04/03, 12:34 am
Seth Kaufman Seth M. Kaufman

Re: wants to sell as is

It's unlikely that your wife can force you to sell in short order. You should be able to negotiate an arrangement whereby she liquidates her interest and you hold onto the upside potential. My practice is devoted to family/matrimonial and real estate law. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

Read more
Answered on 12/05/03, 9:47 am
Robert R. Groezinger GroezingerLaw P.C.

Re: wants to sell as is

Do nothing. See an attorney with a concentration in domestic relatioons law (i.e. --a matrimonial attorney). There may be issues that will bite you later if you act on the real property now.

Good Luck

RRG

Read more
Answered on 12/04/03, 8:40 am
Robert Grodd Robert Grodd

Re: wants to sell as is

I suggest you contact a matromonial attorney who will review you situation with an initial free consultation.

Robert Grodd

212-986-0933

www.rgesq.com

Read more
Answered on 12/04/03, 9:44 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York