Being forced out of my home!

[LdiJ]

This ruling occurred only a month ago.
Perhaps this is why you have not heard yet.
Here is an article that explains:

http://www.nytimes.com/2008/02/02/nyregion/02samesex.html?_r=1&ref=nyregion&oref=slogin

I understand that part. However where did YOU get a legal marriage that NY is now required to recognize? There is nothing in any of your posts to indicate that you and your ex got legally married anywhere. That is the question that I am asking.

 

[Ohiogal]

I plan on "responding" ... albeit Pro Se (as I still cannot find legal representation), but in essence, I AM being forced out because what mortgage can I get with a bankruptcy?! A bankruptcy that SHE caused by refusing to held responsible for her half of our joint debt (which she could because it was in "my" name and our marriage was not recognized). Certainly not one I can afford, if I could get one at all. And, as I had indicated earlier, we had just taken out all the equity in the house to pay off her unsecured debt just five weeks before she left, so there IS no equity in the house. As a side note, "we" had three other properties in HER name that were acquired during the marriage. She still has those, and she wants the home I live in too to Once Again pay off her debts. She came to the relationship without a stick of furniture and a significant amount of debt at high interest. I had a full household and perfect credit. This IS a horror story.

I am asking for guidance ... where can I go to find help? Legal help.

If she were a man, this never could have happened (and she couldn't have gotten "married" again in another state without it being a crime).

Here is the thing -- even if you were recognized as being married, that is not a guarantee that she would have had to pay the debt that was in YOUR name after a divorce.

 

[GaynSkrwdinNY]

I understand that part. However where did YOU get a legal marriage that NY is now required to recognize? There is nothing in any of your posts to indicate that you and your ex got legally married anywhere. That is the question that I am asking.

We went to Toronto, (Ontario) Canada August 13, 2004 and signed a legal marriage contract before a judge and witnesses. that marriage contract is certified and "sealed" ... signed by all the parties (including the clerk and the judge).

The women in the case in the article went to the same place (and in the same year).

 

[GaynSkrwdinNY]

Here is the thing -- even if you were recognized as being married, that is not a guarantee that she would have had to pay the debt that was in YOUR name after a divorce.

Perhaps you are right. But I think the key thing here is "after a divorce." We are not divorced. There has been no filing for divorce in either Canada or NY. So, are the assets "our" assets or "hers"? Are the debts "our" debts or "hers" and "mine" ...

As I indicated ... this is very complicated (at least for me) and I am trying to understand where I "stand" legally.

 

[Bali Hai]

Here is the thing -- even if you were recognized as being married, that is not a guarantee that she would have had to pay the debt that was in YOUR name after a divorce.

What the hell is the judge going to do?? There is no man to hang up by the nuts!!!

 

[GaynSkrwdinNY]

What the hell is the judge going to do?? There is no man to hang up by the nuts!!!

Thanks for the levity ... on a pretty dark and dreary day.

 

[Ohiogal]

Perhaps you are right. But I think the key thing here is "after a divorce." We are not divorced. There has been no filing for divorce in either Canada or NY. So, are the assets "our" assets or "hers"? Are the debts "our" debts or "hers" and "mine" ...

As I indicated ... this is very complicated (at least for me) and I am trying to understand where I "stand" legally.

Debts in YOUR name are considered yours by the creditors. Debts in HER name are considered hers by the creditors. Married or divorced it really doesn't matter. The house is both of yours if you are BOTH on the mortgage. She wants to make it yours. Why? Because YOU are living there. hence you need to refinance the mortgage to take her name off of it. If her name is only on the title then you gifted her part of the house which was dumb on your part. And legally you are completely responsible for the mortgage. You are living in the house hence you are getting the benefit of the debt. She isn't.