My husband left our marital home in May of 2012 to live with another woman. Me and the kids have remained in the home however he has stopped paying the mortgage since last May. The mortgage is in his name with his parents as cosigners. The deed is in his name alone however we acquired it during our 13 year marriage (in NYS). Not only is he "wasting" our only asset but I believe he is trying to have me removed as well. The home is worth about $100k more than what we paid however he is over $12k late on payments. Would I even know if it's in foreclosure and more importantly approx how long do I have before I'm going to HAVE to leave?
Answer
It is strange you haven't filed for divorce or at least legal separation. If you did that, you could request to remain in the home with your children and force him to pay for the mortgage. It might not be too late.
Also licensed and practicing in New York.
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