My husband and I are having an amicable divorce (i.e., no division of assets, child custody) and he will continue to pay the mortgage with his income via our joint account. If we have a fallout, and we decide to sell the house which has both our names in the title, am I entitled to half even tho his income is paying the mortgage through our joint account in the State of New York?
2 Answers from Attorneys
No...which is why you are taking a huge risk with your so-called amicable divorce.
Trying to cut corners and avoid legal fees can lead you into a real disaster. Consult a local attorney before you sign something that puts you into a very difficult position.
It is possible as you are both on the deed and he cannot sell the house without your signature. However, if he can prove that he alone has been paying the mortgage you may end up with less than half. You should speak with an attorney.