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

Asked over 1 year ago - 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)

  1. Mary Katherine Brown

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    Contributor Level 20

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    Answered . 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!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. Louis Lawrence Sternberg

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    Contributor Level 18

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    Answered . 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... more
  3. Douglas Shaun Kepanis

    Contributor Level 12

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    Answered . 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.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  4. Peggy Margaret Raddatz

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    Contributor Level 20

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    Answered . 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.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  5. Jayson Lutzky

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    Contributor Level 20

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    Answered . 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... more
  6. Jeffrey B. Peltz

    Pro

    Contributor Level 15

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    Answered . 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.

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.

Divorce and Spousal Abuse

Divorce is always an option for someone who is being abused by his or her spouse. The freedom to leave your marriage is an American right.

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