NYS - Real Estate and Separation

[biffle123]

My husband had an affair and left the home.I continued to stay in the home for 2 years raising my children until they went to college. At that time, my husband told me he was not paying me support for the oldest son anymore as he turned 21. I could not afford to stay in the house anymore so I moved into an apartment that I could afford. We made arrangements to sell the house, but once I was he changed his mind and moved in with the girlfriend & her children. He looked into refinancing and buying me out, but he said he cannot get approved. I am on the mortgage & the deed. I am struggling to make ends meet and cannot afford a lawyer while he is living in our home with 2 incomes. What are my options with this property?

 

[Silverplum]

My husband had an affair and left the home.I continued to stay in the home for 2 years raising my children until they went to college. At that time, my husband told me he was not paying me support for the oldest son anymore as he turned 21. I could not afford to stay in the house anymore so I moved into an apartment that I could afford. We made arrangements to sell the house, but once I was he changed his mind and moved in with the girlfriend & her children. He looked into refinancing and buying me out, but he said he cannot get approved. I am on the mortgage & the deed. I am struggling to make ends meet and cannot afford a lawyer while he is living in our home with 2 incomes. What are my options with this property?

Is there a reason you are not divorced, just separated for a very long time?

 

[Eekamouse]

If you moved into an apartment you could afford, why are you struggling?

 

[biffle123]

I cannot afford legal fees. I am also still married, not legally separated.

 

[biffle123]

Also, if I would have stayed in the house, I would have been negative, where as with the apartment, I have $150 biweekly to live on for gas/food/etc.

 

[Silverplum]

I cannot afford legal fees. I am also still married, not legally separated.

I don't know what you can do about the house, except to file for divorce. (That's why I asked if you have a reason for not divorcing.)