QUESTION
Exclusive use and occupancy of a marital home until children reach the age of majority
Asked on Apr 21st, 2013 on Divorce - New York
More details to this question:
My husband and I've been married and own a home on long island, NY for 6 years. We have a 3 year old child. My husband's income doubles mine. Our house is the only major marital asset and we have 45% equity in it. Assuming I get custody, what are the chances of me getting the exclusive use and occupancy of the marital home until my child reach the age of majority? I know he strongly opposes to the idea of letting me stay in the house after the divorce. However, with his income, he has no problem establishing a separate residence on his own, and at the same time paying child support and continue to contribute 2/3 to the maintenance and mortgage of the house (and I continue to contribute 1/3) until our son turns 21. I would probably be able to afford to live in the house with my income and child support if he doesn't contribute to the mortgage. How likely would I get to stay if our case goes to trial? Who should be paying the mortgage and maintenance after the divorce in this case
1 ANSWER
To answer this question would require a full analysis of the economics of the marriage. Without reading your and his Net Worth Statements and discussing what was acquired when and how it was paid for it's impossible to assess.
Answered on Apr 22nd, 2013 at 7:31 AM