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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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We have condominium in NYC. And under contract. We were looking

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We have condominium in NYC. And under contract. We were looking for rental apt. For two of us and we found, but husband said, may want to divorce. I live in this condo, under contract. Husband has been living separat apt. in same building for last few years. Apt. Is Under his name, but we bought after marriage. Estamate closing date is end of November. If I could not find Apt. In time, what to do? Do I have right to stay in this condo?
Submitted: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear about your situation.

If the condominium was purchased after the two of you married, then it is legally considered to be marital property. You have as much claim to it as your husband does. If he does file for divorce, you'll have the ability to ask the judge to award you sole possession of the marital home while the divorce is pending.

When the divorce is final, either the judge will order one of you to buy out the other or he can order that the condo be sold and the profits from the sale split equally (giving you money to use to find a new home).

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 9 months ago.
Thank you for answer. My worry is that I could not find Apt. on time of closing of this cond. Purchaser want to move in to this condo where i am living now, but if I could not find apt. on time. I was spending time and looking for Apt. for two of us because he said, he wanted to get back together.

Do I have right to stay longer in this Apt.?
Expert:  Lucy, Esq. replied 9 months ago.
I apologize, I misunderstood your question.

If the condo has been sold, there is no right to remain after the closing date. You can ask the purchaser to extend the closing, or to allow you to stay for another month, but they do not have to agree. If they do agree, they can require that you pay them rent for the use of the property.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19515
Experience: Attorney with experience in family law.
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