Legal Question in Family Law in New York

As a 32 year old wife and mother of 12 years, What are my rights as a spouse under NYS law? My husband and I are not separated, and no papers have been filed. My husband's father passed away last November leaving all his assets to my husband and his 2 brothers. Everything was to be split in thirds or otherwise agreed upon between the three. My husband and I decided to move into and assume the mortgage of the home his father had. The house was put under the brothers' names when he passed. It was mutually agreed upon that when the mortgage was paid off, the house is transferred into my husband's name as sole owner. The issue I am having is that the relationship has been rocky for the past year. He is verbally/emotionally abusive. He has recently been threatening to have me removed from the home, and that he will have his brothers evict me if I don't. I have worked one summer in 9 years. I have been a part time student for 3 months. My only income is child support for the one child we don't share. Can he throw me out of the house? If he yells at me and calls me names ( especially in front of the children), do I have the right to ask him to leave at all? Even if just for the night?

Asked on 1/26/16, 9:51 pm

1 Answer from Attorneys

David Zaslavsky The Law Office of David Zaslavsky, PLLC

There are alot of issues here and you need a full in person consultation to hit them all. The one that is glaring is that property acquired by inheritance is separate property and thus, in case of a divorce, you may not get any part of this house, even though you may be assuming the mortgage. You need to deal with this with the aid of a local attorney.

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Answered on 1/27/16, 4:10 am

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