QUESTION

How will this house be handled during a divorce

Asked on May 29th, 2014 on Divorce - New York
More details to this question:
The house we have lived in for over 5 years is actually in my mother in laws name but my spouse makes the payments every month from our account. I was wondering how the house will come into play during a divorce. I have been the stay at home parent of our children the entire time and my spouse is the breadwinner. I would like to remain living here in the best interests of our children but I fear that because our "marital home" isn't a typical marital home (in the sense that it isn't in either if our names) that this won't be the case. I know that 50/50 custody is a good thing and I'm all for being flexible for our children's sake but me not being the one who lives here with them seems wrong. Perhaps I'm being selfish. The spouse has been to see an attorney a couple of times now and I feel the pressure because I don't have the same level of access to money as my soon to be ex. I'm pretty nervous about this whole thing. Any help will be HIGHLY appreciated thank you.
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1 ANSWER

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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The house payments would most likely be the equivalent of rent - and if you don't own the house, it isn't yours to divide. There are two kinds of custody, legal (which means decision making) and residential (where the kids live) - and those are generally negotiated. If your spouse has all the money it's likely the court would order him to pay your legal fees - so feel free to call attorneys and discuss the situation.
Answered on Jun 02nd, 2014 at 3:12 PM

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