My husband and I are still Legally married because he will not give me a divorce. He has been very sick for many years. What happens to the house everytying?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My husband and I are still Legally married because he will not give me a divorce. He has been very sick for many years. What happens to the house everytying?
My husband and I are still Legally
married because he will not give me a
divorce. We have been married for 17
years, but lived together for 24. In
2001 he had a heart attack and we got
married. What happens to the house
everytying? Do I get it or will our
adult son be able to get it??
Asked on May 14, 2018 under Family Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
He cannot stop you from getting a divorce: the law does NOT allow one person to keep another married against her will. For example, in the state you mention (New York), you can divorce regardless of how either you or he have acted or behaved in the marriage, so long as the relationship between you has broken down (failed) irretrievably for at least 6 months, which it sounds like it has. So you can divorce him, and in the divorce, you will have a right to share of all marital assets (e.g. the house; money in the bank; personal property; investments). You don't need him to "give" you a divorce; speak with a family or matrimonial law attorney about filing for divorce.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.