QUESTION

Served divorce papers while temporary out of state. can husband get rid of apartment and leave me homeless while he lives with relatives

Asked on Aug 14th, 2017 on Divorce - New York
More details to this question:
Husband served me divorce papers out of the blue a month after I temporarly moved to be with my father. Our agreement was that he would take care of kids while i go to college down here, then i'd be up at the end of the semester Instead he filed divorce papers 1 month after i was away, cut me off from all our money, and told me he's getting rid of the apartment to move in with his parents so I can't live with him or the kids. Do I have any rights with this? I have no family in newyork nor anywhere to go. I've been a house wifeour entire marriage with now job
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
Your husband cannot cut you off from your joint bank accounts and if he did, your bank has some answering to do. Unfortunately, if the credit cards were opened in his name he can close them, but the bottom line is that in a divorce, he's going to have to account for money he took right before the divorce. In New York everything acquired during a marriage is marital property and is split 50-50. You will be entitled to spousal maintenance even before the divorce is finalized. If the apartment was purchased during the marriage and/or your name is on the stock certificate (if it's a co-op) or deed (if it's a condo), your husband cannot just sell it- your name should be on it and even if it's not, you're entitled to half of the value of it. If it's just leased and the lease runs out while you're not there, there's not much you can do about it, but he can't just discard your belongings. You say you have nowere to go but it's the middle of the summer and school must be out so you must be living somewhere. You didn't mention how old your kids are and whether you've been seeing them and if not, why.  You also didn't mention when your husband served you with divorce papers, how long before you graduate, who's paying your tuition and if it's your husband, did he also cut you off from that.  Much more information is needed before you can be advised of your rights- and responsibilities. 
Answered on Aug 14th, 2017 at 9:34 AM

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