Legal Question in Real Estate Law in New York

When is liability determined?
Not sure if this is Real Prop or Divorce. Divorce is final,selling house. Buyer's home inspection finds residue of heating oil in footer drainpipe. There is an old buried oil tank under lawn. He says that tank had leaked when he was married to his first wife and it was pumped out but not removed around 1989. New tank in basement. Before we married in 1997, we discussed which house to live in. We choose his as larger. No mention of tank. 8 months after marriage, he puts me on deed unasked. As I am paying half the mortgage this seems correct. Can't tell when he knew there was a problem. History of massive lying/non-disclosure. Lied about $45,000 of premarital debt, infidelity, etc. This must be remediated before we can sell and may cost many thousands of dollars. Am I responsible for half the cost of remediation? Or since the ''problem'' was there before I was on the deed, is it all his? Was he legally bound to disclose the presence of the tank before putting me on the deed? Could this be considered fraud? Sorry about all the questions, I'm just not sure where this question belongs.

Asked on 8/28/04, 8:30 pm

David Slater David P. Slater, Esq.

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0 attorneys agreed

Re: When is liability determined?

Speak with your matrimonial attorney.

Answered on 8/28/04, 10:05 pm

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