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Without a divorce, am I entitled to any money from the sale of the house?

Westbury, NY |
Filed under: Family law

My husband bought this house before we were married, and he is the only one on the deed and I moved in when we were married 19 yrs ago, and had 3 kids with him. Our marriage is now not working out and he is now selling the house and has a potential buyer, I want know if any percentage of the sale of the house belongs to me ? If I decide to separate from him at anytime after the sale of house would I still be entitled to any money from the the sale. I am only interested in the money from the sale of the house. I think he is going to leave me after he sells the house and take the kids with him because he knows I don't have anywhere to go right now with the kids. He might take the money and hide it because he can't put the money into an account because he's in trouble with the IRS.

Attorney Answers 4

Posted

Without an agreement or divorce judgment (or interim order) you may not receive money from the sale. Whether the property is separate or marital must be decided by the court if you can not get an agreement. Without your name on the deed your spouse can sell the property without your knowledge. You need to get something started. Contact an attorney as soon as possible.
Howard E. Knispel, Esq.
Commack, NY
631-864-7589

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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Posted

That's an awful basis to have a divorce. Cashing out of a marriage never works. You should consult in detail with a divorce attorney if a divorce even makes sense. I would be careful.

Good luck.

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Posted

This sounds like a complicated situation. I think you should go see some divorce attorneys near you and talk over your options. Filing a Summons for Divorce would certainly be one way of timing on something like this, but it seems like there are other things happening and you should meet with a lawyer in person. Good luck!

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Posted

You do have "rights" or, at least, a good claim, to funds from the sale of the house but it will be difficult to enforce your claim without starting a divorce action. If you are not ready to start your divorce case, maybe you need to reevaluate ASAP.

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