You are entitled to equitable distribution of marital assets, including the house.  It could be sold and the proceeds divided or he would need to buy you out.  If you are not going to make a bid for residential custody you could get joint legal custody or equal decision making authority over the fifteen year old.  You would be entitled to a visitation schedule as well.  Depending on the situation you could be entitled to maintenance.  I am a matrimonial attorney in New York.  Give me a call if you would like to discuss the situation.  It would be my pleasure to speak with you about the case.  Darren M. Shapiro, Esq. 516-333-6555.

I think you really need to talk to a local attorney about this, as soon as possible.  Moving out can be considered desertion, and it could be used against you in the divorce.  There are a lot more facts that need to be considered, and you need to have the entire case reviewed so you can get reliable advice on your options and your rights.

I'm not a New York attorney, and the laws on this sort of thing do vary from one state to another.  But I don't think that leaving means you lose your share of the equity in the house.

Initially, as a general rule marital property is divided in NY based on equitable distribution. Equitable not meaning equal but fair. However, marital property is generally divided equally absent egregious circumstances. What you also have to be concerned is with child support. If you are the non-custodial parent you will required to pay 25%.  

If you would like a free consultation on what you rights are in regards to the divorce, children, and property please call me at (718)689-0282.

Regards,

EG