My husband and I are still Legally married because he will not give me a divorce. He has been very sick for many years. What happens to the house everytying?

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My husband and I are still Legally married because he will not give me a divorce. He has been very sick for many years. What happens to the house everytying?

My husband and I are still Legally
married because he will not give me a
divorce. We have been married for 17
years, but lived together for 24. In
2001 he had a heart attack and we got
married. What happens to the house
everytying? Do I get it or will our
adult son be able to get it??

Asked on May 14, 2018 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He cannot stop you from getting a divorce: the law does NOT allow one person to keep another married against her will. For example, in the state you mention (New York), you can divorce regardless of how either you or he have acted or behaved in the marriage, so long as the relationship between you has broken down (failed) irretrievably for at least 6 months, which it sounds like it has. So you can divorce him, and in the divorce, you will have a right to share of all marital assets (e.g. the house; money in the bank; personal property; investments). You don't need him to "give" you a divorce; speak with  a family or matrimonial law attorney about filing for divorce.


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