What Happens to the Marital Home in a NY Divorce? Don’t Go to Forums.
Are you contemplating a divorce and wondering whether you or your spouse will get the martial home? This is a battle that can last a long time if you both want to keep the house and are unwilling to negotiate.
If there are children involved, then the battle may be even more complicated. Some couples will be able to work together and make a decision on what is best for the kids, while others will need some help when it comes to making that choice.
There is so much debate on who should get the house and what factors play a leading role in this. A great example of this can be seen an article that was posted on Market Watch. It is a Q & A style forum that deals with real estate issues after the divorce. The thought process of some people are genuinely unique, and the question posed was “A not-so-reliable attorney I had for a while talked about a ‘civil-ordered house inspection’ that I could file so that I could get inside to document its poor condition via videotape, and use the video as evidence to show the judge. Ever heard of this, and if so, how do I go about it?”
One problem with these types of forums is that a lot of bogus advice is given by people who are not lawyers.
These issues are too complicated to be summed up here and should be discussed with one of our lawyers in detail.
We offer free consultations. Please give us a call at (866) 830-2064 to schedule your today.
The entire story can be read here.
Our separation agreement stipulates the marital home be sold when then children graduate college. It was further stipulated that, as I would remain in the home with my children, I must carry all the expenses of the home, including mortgage, taxes, insurance, and so on. I have done so. The children are now grown and graduated. The home was put on the market four months ago. Had an offer early on which was close to the asking price but then offer was withdrawn. Ex is anxious for sale and is threatening to take me to court if I don’t agree to lower the asking price even though the home is priced competitvely. I am current on the mortgage and very little remains on it. My ex and I did sign a 12 month contract with the realtor and, as I mentioned, we are just four months into the process. Is it likely that a judge would rule for a court-ordered sale?
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