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May 07
2003
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Ask a Lawyer: The housePosted by: Dads Divorce on May 7, 2003   |
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Question:
My wife and I are still married but, I am living in an apt and she and our daughter and my two step daughters are living in our house of about 4 years. I left because of my wife basically staying out all nite and coming home drunk and I wanted to basically show her that I wouldn't stand for this from my wife, well it has been 5 months and there is no chance of reconciling. Our house basically has no equity because of improvements etc....but I want her out of the house due to the fact it is in both our names and I just want to not have any ties except my daughter who I see 2 to 3 times a week. What should I do and what could be my options?? P.S. We make basically the same yearly salary. Thak you very much
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. I am assuming that you have not filed for divorce yet. It is important that if you want the house, you make that known as soon as possible. The longer you are out of the house, the harder it will be to get back in and get the house in the final division of property. Has she been making the payments and keeping up with the upkeep on the residence? That will help you if she has become deliquent in either fashion.
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