QUESTION
How to do I file a judicial partition suit in NYS Supreme Court
Asked on May 29th, 2018 on Breach of Contract - New York
More details to this question:
My ex-wife wants to buy me out of our home (I don't live there anymore, but continue to pay mortgage and taxes). We have been separated since July '16 and the divorce was finalized in March '18. As part of the agreement, she is to move out of the house so we can sell it, pay off the mortgage and divide the proceeds. Now she wants to buy out my half of the interest but is deliberately devaluing the property with excessive clutter, and not maintaining the property in general in an acceptable manner. She is and has been deliberately stalling the process to cause me financial hardship. The home has been appraised and she did agrees with the price set forth. The appraiser is ready to testify on my behalf.
1 ANSWER
I don't think a partition action is your proper course of action. Rather I believe you need to seek relief in the context of the matrimonial action, perhsps a motion for contempt since your ex seems to be deliberately frustrating the Court's judgment (I assume the settlement agreement was incorporated in the judgment or otherwise memorialized as an order of the Court).
Answered on May 29th, 2018 at 9:00 AM