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I have been out of the marriage house for about 4 yrs.My husband still lives there.The house was presented to us as a wedding gift from his parents.My questions are we are still legally married.Do I have the right to move back in if I choose.Or put the house on the market for sale and have him buy me out.Do I have the right to go there if I need to.seems I must have Some kind of rights.
What are my rights
What country or state do you live in?
Ha ha ha not to mention a little strange.:DI live in rochester Ny.I cannot believe this is happening I know of so many people that have separated and divored and got half the assets.Quote:
Originally Posted by stevetcg
I live in rochester ny.I have not lived in the marriage house for 4 yrs I have joint ownership.I don't really don't want to live in the house unless I have to.I'd rather sell it and split the costs.He won't do that.do I have any rights as far as the home goes.Can I still move back in.am I able to go there when I want to.I don't want to get into trouble with the law.we are still legally married.So is he still responsible for me ?I know I'm still on his health care from kodak though he took early retirement.I just hate the thought of him there living alone in MY houseand I'm staying with friends and don't have a pot to pee in.My lawyer is no help to me at all.I don't think he knows what he's doing.and I sold everything I had to hire him.can somebody out there PLEASE PLEASE tell me what to do.I will not get it in divorce settlement I was told.Soooooo if I go through with a divorce he's gets everything the house my health in surance.I'm just better off staying married right?but the big question is can I move back in:confused::mad:please don't answer if you don't know anything this is no laughing matter to me
Pissed in NY
You were told by whom that you would not get it - or at least part of it?
Who told you he gets everything?
Hello c:
I see that you're having trouble, and you'd like some answers to your questions...
In terms of your specific questions, that can't be answered here with any degree of certainty, because we don't know the details... Oh, I know, you've provided SOME.. But, there's a LOT more to the story.
Plus, it wouldn't do you any good to give us the WHOLE story, because the other side has a DIFFERENT story...
The only help we could possibly be is to encourage you to get legal counsel. I see that you HAVE a lawyer you don't like.
THAT doesn't make any sense, and THAT should be the FIRST thing you fix. If you don't like your lawyer, FIRE him and hire one you DO like.
Divorce is forever.
excon
I will say that you are not legally divorced until a court says you are. I will also say that if your name is on the title of the house, then you are a part owner and how the house is disposed of will be a subject of the divorce decree.
As to the rest of your questions, I agree with excon that we don't have enough of the story to give advice and even if you tell us the story, we don't know how much of it is a matter of your views on the issue.
Quote:
Originally Posted by cewmotors
You are not divorced until one or the other of you FILES for divorce and it is granted. Unless you are legally separated - with the papers filed with the Court - your period apart is NOT grounds for divorce. The Judge determines when you are divorced following an exchange of papers and Hearing.
In NY "usually" the house is a joint asset (you each own half) BUT depending on the length of the marriage, who put down the downpayment, it may not be divided 50/50. If "he" has been paying all the bills/repairs/mortgage on the house since you left, he also is entitled to recover that money. His payments will not enrich you.
Increased value of the property - which is not happening in this economy - is also a consideration.
That's how it "usually" works in NY.
You've posted this twice and those posts should be combined.
Your Attorney knows the facts and circumstances a LOT better than any of this reading this right now so I would go with his/her advice.
If you have abandoned the marriage and the marital home, no, you cannot simply move back in.
I answered the division of property on your other post.
And please direct who can or will answer you and in what fashion - there are more than a few experts on this Board, volunteering their time, and they know what they are talking about.
Yes we are not mind readers, so are you divorced, did you or the ex go to court and file?
And as asked, whose name is on the deed, ( not mortgage or taxes but deed) that is who owns the house.
Was there any prenup agreement before you got married on division of property.
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