Legal Question in Real Estate Law in New York

Partition Proceeding

Can a wife who lost her divorce case and is not living with her husband for over 5 years file a partition proceedings on the joint owned home. The husband has filled the house with stuff and it is not livable?

Asked on 5/13/08, 4:27 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC
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Re: Partition Proceeding

When you say "lost her divorce case," does that mean the couple are still married? If yes, a partition action does not apply since the owners own the property as husband and wife (tenants by the entirety).

Mike.

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5/13/08, 4:59 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law
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Re: Partition Proceeding

In this day and age I have not lost a divorce case (at least one party received a divorce in over 20 years). A divorce may have been granted to the otherside, but that still means that you are divorced.

You can restart the divorce action based upon abandonment or other grounds where (among other requests for relief would be the sale of the house). This would solve two problems, being married to him and the financial problems including the house.

If you are divorced you can start a partition action, as long as the house was not addressed in the divorce.

You cannot let the most valuable asset that you own be lost. As time goes by, your assets are loosing value, as the house is not being occupied and is deteriorating.

If you need representation, please contact me.

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5/14/08, 1:57 pm

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