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I live in New York, husband left, I moved in his family home after married, can he kick me out or sell it from under me?
Wellsville, NY
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Posted about 1 month ago in Divorce / Separation
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We've been married 4 1/2 years. He left me last Saturday and it was totally unexpected. When I married him, I moved into his family home. He has a mortgage on it and I am not on the deed. What are my rights if this is considered abandonment, and can he sell this house out from under me. I do make more money than he does, but very little, like 32,000 per year gross. I will be struggling soon to pay the bills though he is continuing to pay his mortgage. What do I do and what rights do I have?
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Answers (1)
Ronald Anthony Sarno
This attorney is licensed in New York and 1 other state.
Posted about 1 month ago.
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You probably can assert that it the marital home and that will save you from an immediate eviction. Abandonment is a cause for divorce in NYS (it is NOT a no-fault state). Marital distribution and mutual rights in NYS divorce can be quite complicated and I strongly recommend you discuss your options with a local family lawyer. You will find several near you in the avvo lawyer's directory.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..………………………….. Divorce in General and How It's Handled in New Jersey Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong) LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue. |
