Will filing for divorce stop the sale of the home? What would you suggest? Does he have the right to ask for the 1/3?

Asked about 1 year ago - Marstons Mills, MA

My son's wife moved out in May, didn't continue to pay her 1/3 that she was paying while living in their home. They are in process of selling. My son would like to receive the 1/3, about $4500, that she should/would have paid at the closing, on top of the 1/2 they planned on splitting. He has told her that. She is angry and refusing and has threatened to file for the divorce to stop the sale of the home. The unfortunate part is she walked out on him all of a sudden and he doesn't want the divorce. Is there any hope for him? He has been under duress due to the financial responsibility and she has also won several competitions, one was $2500, during this time and says she has had no money to contribute and has no money now.

Attorney answers (3)

  1. Henry Lebensbaum

    Contributor Level 20


    Lawyers agree

    Answered . Technically, there is an automatic stay upon filing and service of domestic relations summons. But a party can the n petition the court for permission to sell the property.

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  2. Michael J. Szklasz


    Contributor Level 17


    Lawyer agrees

    Answered . There are many issues to digest in your question. I realize that you had limited space on this forum but a decent answer cannot be given here other than I would suggest that your son file for divorce and petition the court to allow the sale. Considering neither are living there, it is a good possibility. He cannot do any major financial dealing without leave from court.

    No attorney-client relationship is created in responding to this question, and advice provided is based solely on... more
  3. David Alexander Browde


    Contributor Level 20


    Lawyers agree

    Answered . A lot more information is required to fully analyze the situation. He should consult a local attorney ASAP and discuss the matter in detail.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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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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