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How does a marital home get divided in a divorce based on abuse?

New York, NY |

I left my marital , which was bought . After marriage like 6 yrs ago , with my 2 kids , rented out an apt nearby and started a job because of constant abuse by my husband of 9 yrs . the kids are with me n visit daddy every other weekend . He s staying in the house , and date for pendent lite is approaching , I wanna know is there NY chance I CD get my house back for the sake of kids , or if not what options would I have to split it out or divide , I have no idea as to what options I CD have , or what offers he ed present me with , , he is very controlling and in charge of anything , I sacrificed m career to raise my kids 8 - 9 yrs ago , but us got a Lot of abuse and control which now made me move out of the house and start my life from scratch again , he is also fighting for sole custody

Attorney Answers 6

Posted

If there is any equity in the house you may be entitled to some or all of it. Assuming the home was marital in the first place. The abuse and conduct of your spouse is irrelevant to this issue except that it is the reason you moved out. Many homes are upside down these days meaning there is more owed on them than they are actually worth on the market. Consult a local divorce attorney.

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The grounds for the divorce generally do not have any influence on the distribution of property in a divorce in NY.

It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>

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It is possible if you are just now proceeding with your divorce; however, the situation is far too complex to resolve in this forum. I strongly suggest you consult with a local attorney immediately if you have not already done so. If you attempt to proceed without counsel you will be at a disadvantage. If your husband's income is greater than yours, you are very likely to get an order from the court requiring him to pay some or all of your attorney's fees. Good luck!

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The issue you described is a common one in divorce cases involving abuse. Normally, the grounds for divorce will not come into play for equitable distribution. In the case of sole custody, where you have been out of the house with the children, and you cannot afford to support yourself, you need to file for pendente lite relief.

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In cases of extreme abuse, that may be a factor in the division of marital assets. Consult with an experienced divorce lawyer to assist you in receiving your share of the assets, custody, child support, spousal support, unreimbursed medical expenses and health insurance, and legal fees.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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In order for someone to give you proper legal advise, more information would be needed. With that said, it would be very difficult for your husband to obtain custody of the children since they have been living with you for some time. Regarding the home, it may be possible for you to get possession of it. As others have said, consult with an experienced divorce attorney to learn your rights and what is possible. For general information on divorce you may visit our website or call to schedule a free consultation.

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