Alright, Reddit, I need some solid advice. My wife walked out over a year ago, leaving me with our kids, our pets, and a house worth $500K. I was injured and out of work, so the mortgage hasn’t been paid since I went on disability. Now she’s finally ready to divorce and wants half of everything, while she’s only been tossing me $270 a week without going to court. I don’t want to lose my home or end up on the street with my kids. Should I sell, refinance, or lawyer up and fight for what’s fair? What’s the smartest move to protect my family and keep a roof over our heads?
First of all, you’re entitled to child support since she left you and the kids. Child support can be retroactive to the date of separation in my jurisdiction. You might also be entitled to alimony if you became disabled before she left. You need to see a lawyer.
Check your mortgage contract for a death/disability clause. If it exists, it might help with the mortgage situation.
Wait, how does that work?
If she’s on the mortgage, she’s still equally responsible for payments, regardless of her living situation.
You really need a good lawyer. Selling and downsizing might be necessary since it sounds like you’re facing significant financial issues. If you don’t have short-term or long-term disability benefits, you could have serious money problems. Home is where you and your kids are, not where you’re just parked. Go to Support Enforcement and request child support since you’re the primary parent.
Please go see a lawyer ASAP.
Get an attorney as soon as possible. Have her cover your attorney fees. She walked out and didn’t contribute, so she shouldn’t be entitled to much.
Talk to a lawyer. If she hasn’t been involved with you or the kids for a year, you might qualify for abandonment.
You should discuss forbearance with your mortgage holder to avoid foreclosure. A lawyer is worth it, especially if your home has equity. You can get temporary support orders while you work out the rest.
She abandoned the marriage and the kids, so you should fight back. She lost her claim to marital assets when she left.
She did send money, so that might complicate the abandonment claim. She may argue against it in court.
If she filed officially, you might not be able to make changes to the house situation until a judge rules. Definitely consult an attorney about your options.
Get a lawyer!
New York is an equitable state, which doesn’t mean equal. You may be entitled to more than half of the assets. Have your lawyer request that she pays your legal fees.
You definitely need a lawyer. But I’m curious about the reasons she left. Did she cheat or is there something else going on?
Get the lawyer.
The fact she’s been paying you might complicate things. You’ll likely have to divide marital assets, but you might gain custody.
You really need to consult a lawyer. Understand your rights. The court process is complicated, and you shouldn’t navigate it alone.
Lawyer up! She abandoned you and the kids; she shouldn’t be entitled to much.