Division of Assets

Asked over 1 year ago - Syracuse, NY

My wife and I signed a separation agreement that was not filed with the county clerks office. In the agreement, and through many emails, she has agreed to the terms of giving the house to me with no liability to her. She is the one that decided to leave. I have lived in the house and paid all bills for the last 8 months. I (Plaintiff) filed the uncontested case 4 months ago and am now simply awaiting the case to be put on the calendar and ruled on. She has since decided that she wants money for the house and is threatening to take me to court if I do not give her a set amount, nor will she sign the deed over to me. My question is, what right does she have in this matter at this point. Specifically since I have continued to pay the mortgage and have established more equity since she left.

Attorney answers (3)

  1. Jeffrey B. Peltz

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . Hopefully you have a properly made and executed separation agreement and you have included it in your divorce. If you have done so, once the judgment is granted and entered you may sue her on not following ther terms of the separation agreement. I strongly advise you to consult with an experienced divorce attorney near you.

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Schedule an appointment with an experienced divorce lawyer to go over the separation agreement and advise you how to enforce it. You may need to sue her to enforce the agreement.

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  3. Morghan L Richardson

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . I agree with the other lawyers. You definitely need to consult an attorney.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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