Legal Question in Family Law in New York

My husband currently pays the mortgage. In a divorce, if he gives up his rights to the house, that means I take over the mortgage which also means by law I would have to qualify for a mortgage in my name? I alone do not make enough to qualify for such a big loan. What are my options if I want to keep the house? Is there anyway they mortgage would remain in his name so that I would be able to cover this with my income and the alimony I will be receiving from him?


Asked on 10/02/13, 7:54 am

1 Answer from Attorneys

Bruce Provda Provda Law Firm

The division of assets and responsibilities in a divorce can be very complex and certainly there is no way to give a direct answer to that question. The court will take the incomes of the parties and all the assets and liabilities they have before coming to a judgement on the distribution of these. You should have an attorney on your side for this procedure.

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Answered on 10/06/13, 2:25 pm


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