Legal Question in Family Law in New York

Re: divorce and selling the house

A very large question and generalized question.

1. In NY, to get divorced you need grounds (Abandonment, Constructive Abandonment, Cruel and Inhuman treatment, Adultery, Separation Agreement and Prison). If there are no grounds, there can be no divorce.

2. If there are grounds, during the divorce proceeding there is equitable distribution of marital assets. This means that assets of the marriage are divided by the Court between the parties fairly. The house, being a marital asset, is subject to equitable distribution.

3. If the Court decides that the house shall be sold, and the terms of the sale, your husband will have no choice but to sell the house. Worst case scenario (and I had this done), the Sheriff signs on behalf of the Husband.

Mike.

Re: divorce and selling the house

You are certainly not stuck forever, although as Mr. Markowitz correctly responded, you do need grounds for divorce in New York.

You should consult an attorney in your area who handles divorces, and go over the details of your situation.

Re: divorce and selling the house

This is America and does not permit servitude. With the proper grounds you can gat a divorce and have the Court supervise a sale of the house.