What are my rights in a divorce?

UPDATED: Oct 1, 2022

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What are my rights in a divorce?

We own 3 properties; 2 rentals and 1 is our primary home. We used equity from both rental properties one is my property and the other was his before marriage to purchase our home. How can I leave? Can I make him put our home up for sale? He wants to stay here, but he can’t buy me out and I am stuck here paying and living in the spare bedroom. I can’t take my paycheck and go because my name is on all the loans.

Asked on April 1, 2018 under Family Law, Delaware


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have a lot of rights here and a lot of options.  I am going to give you two links to the courts and the state bar association to start your journey.  The issue with the houses could get complicated but so long as each of you never put the other on the deed to the separate properties you may be ok.  If he does not want a divorce it is going to get ugly and yes, expensive.  But you may be entitled to attorneys fees.  Go and speak with an ayyorney and bring all your financial data with you.  Good luck.

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