How do I prevent my husband from selling our house even though my name is not on the deed?

Weve been married 28 years with 4
children the youngest is 16. My
husband wants a divorce but wants me
to start the proceedings. I believe in for
better or for worse so I am not starting
any proceedings . When I met him he
was living with his mom. He bought a
house after we got married and now
tells me this is not my house because
I did not contribute money towards
buying it. Now, his name is the only
one on the deed. How do I block a
sale of the house should he decide to
sell it one day without my knowledge?

Asked on March 13, 2018 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your sitution.  Understand that you can not prevent your Husband from getting a divorce.  New York has a no-fault divorce law now and eventually, it will happen.  The house, if purchased after the marriage, is generally considered a marital asset. If he can trace the funds he put down as a down payment from a pre-marital source he would be able to get them back "off the top" in a sale.  But your contributions during the marriage - and they do not have to be only "financial" contributions; raising a family and making a home count too - are considered by the court.  The fact that the mortgage was paid with marital funds also plays a part (any money earned during the marriage is marital). Whose name is on the deed does not matter.  The only thing you can do is either file an action for divorce which then prevents the trasnfer of any property until the court decisides if it is marital or file an injunction to stop him from transferring the property should he start the process.  Seek consultation.  Good luck.


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