Skip to main content

Division of Assets

Syracuse, NY |

My wife and I signed a separation agreement that was not filed with the county clerks office. In the agreement, and through many emails, she has agreed to the terms of giving the house to me with no liability to her. She is the one that decided to leave. I have lived in the house and paid all bills for the last 8 months. I (Plaintiff) filed the uncontested case 4 months ago and am now simply awaiting the case to be put on the calendar and ruled on. She has since decided that she wants money for the house and is threatening to take me to court if I do not give her a set amount, nor will she sign the deed over to me. My question is, what right does she have in this matter at this point. Specifically since I have continued to pay the mortgage and have established more equity since she left.

+ Read More

Attorney answers 3


Hopefully you have a properly made and executed separation agreement and you have included it in your divorce. If you have done so, once the judgment is granted and entered you may sue her on not following ther terms of the separation agreement. I strongly advise you to consult with an experienced divorce attorney near you.



Thanks for the insight. Just one last question: If she decided to go against the original agreement and, for some reason, we ended up selling the home, would she be liable for 1/2 of the mortgage payments as well as property taxes that I've made since she left? Thanks again!

Jeffrey B. Peltz

Jeffrey B. Peltz


That is something you can ask for. She can argue that she shouldn't be responsible for thoses items because you had the benefit of living in the house during that time.


Schedule an appointment with an experienced divorce lawyer to go over the separation agreement and advise you how to enforce it. You may need to sue her to enforce the agreement.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


I agree with the other lawyers. You definitely need to consult an attorney.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer