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I want to know about my house property in a divorce.

Northport, NY |

My husband and I are in the process of a divorce and I want to know if there is a law that states that the mother can keep the house. I am currently unemployed while my husband is employed. Do I keep the house until my youngest child turns 18?

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Attorney answers 5


No, there is no such law. However, it often works out that way. You should discuss your situation in detail with a local attorney.

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


There is no law that directs the mother shall have possession of the house until the youngest child is 18. However, depending upon many other factors, some cases arrive at such a conclusion.
Much will depend upon the total financial circumstances of the parties.

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There is no law saying that. It is fact dependent. If the parties can't reach an agreement, the Judge will decide.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.


I agree there is no specific law regarding this issue, but there are two competing legal issues. First you and your husband are each entitled to the equity in the property. Also the person who is not keeping the home has a right to be relieved of it's debt. This contrasts with the best interest of the children doctrine. The judge will use his/her discretion as to the settling of these issues. You really need to discus this complicated matter with a local attorney.


The answer is not as simple as you might wish it to be. Many factors impact on the award of exclusive use and occupancy of the marita home to a custodial parent. The age of the children now, the amount of equity in the house, your ability to carry the house with the support package ultimately awarded all are factors which must be considered. New York law does not mandate that you keep the house but the court will allow you do do so under appropriate circumstances. The issues are sufficiently complex that you should consult with counsel for the answer you require.

These materials have been prepared by Keith, Shapiro & Ford, for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. Internet subscribers and on-line readers should not act upon this information without seeking professional legal counsel.

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