I live in New York State. My wife has been seeing other men going on nearly 4 years. The latest male companion purchased a house in the village of the town we both live in and has done so for her to live in. She has had this residence as her address for the last 18 months yet still comes here occasionally to sleep and in general just use it for her benefit. She only pays the electric bill at our home all other bills are paid by me. The house was purchased by me before we were married and we have been married for 18+ years. All sexual relations has ended for about 4 years as well. We have three daughters together ages 18, 14 & 11 and they all want her out as well.
You certainly have grounds for a divorce based on abandonment. However, New York courts are reluctant to remove a spouse from a house unless there is an extreme psychological or physical conflict. Although the house is in your name, and although you purchased the house prior to the marriage, the increase in value (if any) is deemed marital property.
The best way for you to proceed is to first get your financial affairs in order. In other words, obtain copies of documents to account for all assets, income, liabilities and expenses. You should then consult an attorney with your documents to discuss your rights and obligations with a divorce.
Before you do anything, it would be best to at least consult with a local attorney to review all your rights, options and obligations. Based upon your brief narrative above, you certainly have grounds for divorce and perhaps a basis for a favorable property settlement (although technically this isn't a decision made by the court according to "fault"). Custody of the children will play an important factor in the matter, but this should all be discussed privately with an attorney. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: [email protected] All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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