What are my rights in a divorce?

We own 3 properties; 2 rentals and 1 is our primary home. We used equity from both rental properties one is my property and the other was his before marriage to purchase our home. How can I leave? Can I make him put our home up for sale? He wants to stay here, but he can’t buy me out and I am stuck here paying and living in the spare bedroom. I can’t take my paycheck and go because my name is on all the loans.

Asked on April 1, 2018 under Family Law, Delaware

Answers:

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

Answered 2 years ago | Contributor

You have a lot of rights here and a lot of options.  I am going to give you two links to the courts and the state bar association to start your journey.  The issue with the houses could get complicated but so long as each of you never put the other on the deed to the separate properties you may be ok.  If he does not want a divorce it is going to get ugly and yes, expensive.  But you may be entitled to attorneys fees.  Go and speak with an ayyorney and bring all your financial data with you.  Good luck.
https://courts.delaware.gov/help/legalassistance.aspx
https://www.dsba.org/access-to-justice-program/


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.