Legal Question in Family Law in New York
My husband asked for a divorce in January. He moved out February 15th. We began mediation. Meetings began to break down when it came to our our property. He wants to refinance and sell later. I am (at this moment) in a position to buy him out, but he is refusing this. He's broke and I have been paying all of the bills here at the house. He has sent me only about $300 since February. I am self-employed as a private piano teacher (I am 53 and have been doing this since 1995), I have a 14 year old and 10 year old and a daughter finishing her first year of college, my job prospects outside the home are slim (minimum wage - I would need re-training - I do not have a college degree). Selling the house would mean drastic disruption of our financial situation (because of my business), increased living costs and my 10 year old would have to switch elementary schools after having transitioned from homeschooling only two years ago.
QUESTION: Can I just take the property issue to court if we can work out the other issues in mediation? What are the ramifications of my pulling out of mediation and telling him to go ahead and get a lawyer and get a divorce since he asked for it? I'm sure there are financial implications, but the truth is if I am forced to sell, I could lose my piano studio while I try to find other living arrangements which will be less than desirable! I did not contest the divorce when he asked for it, because what was I supposed to do if my spouse was wanting a divorce? He did not want to go to counseling.
1 Answer from Attorneys
You have the right to resolve the settled issues in mediation, and leave the unresolved issues for court intervention during the divorce. You also have the right to discontinue mediation and move forward with the divorce, as settlement discussions will not be used against you during the divorce. Regardless, prior to signing any agreement, you should have an independent attorney review the agreement to make sure that the terms are in your and your children's best interests. With regards to the house, the courts will generally allow for the option of buyout based on the fair market value of the house, rather than forcing a sale. Furthermore, in cases where the house is ordered to be sold, the court will generally allow the custodial parent to reside in the house with the children, until they reach the age of adulthood or emancipation. Of course, the outcome of any issue will depend on the specific facts in your case.
If you have further questions or wish to have a free telephone consultation, feel free to reach out to me anytime.
Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
(646) 587-0188
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