CAN I SELL MY HOUSE IN NEW YORK(MY NAME ONLY) AND MOVE IF MY WIFE DOESN’T WANT TO?
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CAN I SELL MY HOUSE IN NEW YORK(MY NAME ONLY) AND MOVE IF MY WIFE DOESN’T WANT TO?
MARRIED 13 YEARS NO KIDS…LOOKING TO GET DIVORCED..WENT TO THREE DIFF. MEDIATORS AND WIFE CAN’T AGREE TO EQUAL DITRIBUTION OF MY ASSETS. 50/50 SHE HAS NONE. DID RENOVATIONS ON HOUSE… HAD IT APPRAISED…AFTER LOANS NOT MUCH LEFT…SHE WANTS LARGE CASH PAYOFF… DOESN’T EXIST..WON’T DIVORCE ME TILL I PAY….HELP
Asked on June 9, 2009 under Family Law, New York
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You may have real problems trying to sell this house without court intervention. I am not sure if the house was purchased during the marriage or was owned before marriage but before selling it you need to commence divorce proceedings. If the house was purchased prior to marriage, your wife may not have any interest in it except for possibly any increased value, which may not be anything. If it was purchased during the marriage albeit in your name, she has some interest in it. Attempting to sell this house without her consent would lead to legal problems unless authorized by a court. You need to commence a divorce or separation proceeding and ask to sell the house pending the divorce in order to maximize any equity. They may allow your wife to stay there until it is sold and may make each of you contribute towards the carrying charges (mortgage, taxes etc., but at least your wife will realize that it is not as simple as her dictate you pay. I would contact a divorce attorney in your County ASAP to discuss your options. My suggestion is that you do not do anything with the house until talking to an attorney and setting up a game plan.
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