CAN I SELL MY HOUSE IN NEW YORK(MY NAME ONLY) AND MOVE IF MY WIFE DOESN’T WANT TO?

Get Legal Help Today

 Secured with SHA-256 Encryption

CAN I SELL MY HOUSE IN NEW YORK(MY NAME ONLY) AND MOVE IF MY WIFE DOESN’T WANT TO?

MARRIED 13 YEARS NO KIDS…LOOKING TO GET DIVORCED..WENT TO THREE DIFF. MEDIATORS AND WIFE CAN’T AGREE TO EQUAL DITRIBUTION OF MY ASSETS. 50/50 SHE HAS NONE. DID RENOVATIONS ON HOUSE… HAD IT APPRAISED…AFTER LOANS NOT MUCH LEFT…SHE WANTS LARGE CASH PAYOFF… DOESN’T EXIST..WON’T DIVORCE ME TILL I PAY….HELP

Asked on June 9, 2009 under Family Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may have real problems trying to sell this house without court intervention. I am not sure if the house was purchased during the marriage or was owned before marriage but before selling it you need to commence divorce proceedings. If the house was purchased prior to marriage, your wife may not have any interest in it except for possibly any increased value, which may not be anything. If it was purchased during the marriage albeit in your name, she has some interest in it. Attempting to sell this house without her consent would lead to legal problems unless authorized by a court. You need to commence a divorce or separation proceeding and ask to sell the house pending the divorce in order to maximize any equity.  They may allow your wife to stay there until it is sold and may make each of you contribute towards the carrying charges (mortgage, taxes etc., but at least your wife will realize that it is not as simple as her dictate you pay. I would contact a divorce attorney in your County ASAP to discuss your options. My suggestion is that you do not do anything with the house until talking to an attorney and setting up a game plan.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption