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My wife and I are seperated(not legally)(the mortgage and lot lease are in both our names) can I live in the home also?

Buffalo, NY |
Attorney answers 4

Posted

It appears you have questions about a separation in addition to questions about real property. It's difficult to give a definitive answer in to your question because it will probably require some document review.

I have a real estate practice in the area, and I'm happy to sit down and discuss your questions in a confidential setting.

This communication is intended only to provide general information. No attorney-client relationship is created.

Asker

Posted

Thank you for your time Mr. Wild. I gave my wife money for an uncontested divorce with the understanding that the terms we agreed to would be honored, but she decided to add terms I didn't agree to. The documents now mean nothing to me and I am not signing this paperwork. Just wondering if I have the right to move back into the home.

Michael C. Wild

Michael C. Wild

Posted

As I indicated above, I'm happy to sit down you for a consultation. I will be in the office today and tomorrow.

Posted

If yiu are married and deed is in both names, then you can live in the same house unless there is an order granting your wife exclusive possession. Consult with a local divorce lawyer to help you.

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 www.mynewyorkcitylawyer.com.

Asker

Posted

Thank you Mr. Lutzky, I will be discussing this with a divorce lawyer in the near future.

Posted

It depends. You would be well-served to discuss your dilemma with a New York domestic relations attorney in a confidential forum as soon as possible.

Posted

Dear Home Owner:

You are right. You are not "legally" separated (you may not even taken the first proper steps to a legal separation) you are not under a court order to cede possession of the house to your spouse, there is no order of protection barring you from the house or mandating you keep a distance from your spouse, you own the house and are responsible for the mortgage, is there a reason you believed that you should not be in the house.

A married couple contemplating dissolution of a marriage are well-served by early consultations with marriage counselors and attorneys. Your home ownership, child-rearing and finances are entwined. As long as you are living together, you are not "separated."

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

Asker

Posted

Thank you Mr. Smollens, Which type of an attorney would I need to retain in order to get legal documentation stating this?

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. Perhaps I do not understand. Did you move out of the house? If so, retain an matrimonial and or family law attorney to assess your rights to occupy the marital home. I did not understand that you had moved out. Good luck.