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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12573
Experience:  Attorney experienced in numerous areas of law.
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Hi! Im thinking to separate from my husband. We bought a

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Hi!
I'm thinking to separate from my husband. We bought a 1 bedroom co-op apartment in 2003. My husband is the owner, I am the co-owner, we share all the expenses in half, also I paid half of down-payment for the apartment.I want to move out in his absence, without telling him in advance about my intention, and I want to take with me only my personal clothes and my personal things, I don't want anything else, like furniture or TV, or something which might have any value. The only thing I want it's the money I spent and I deserve. I want to know if I can get my half portion of the money as a co-owner , in the event that I leave my husband. Somebody at work told me that I can't just leave like that, without telling my husband what am I up to.

Brandon M. :

Hello there.

Brandon M. :

Hi, can you see this?

Customer:

Yes

Brandon M. :

Great. Thank you for your response.

Brandon M. :

In which state is your situation occurring?

Customer:

New York

Brandon M. :

Thanks. I don't want to make a wrong assumption. Is your question whether you can legally move out of the co-op apartment that you share with your husband?

Customer:

Sorry, I'm second language.

Brandon M. :

That's ok. If you don't mind, could you rephrase the question? Thank you for your patience.

Customer:

I want to separate my husband in a "quiet" way, I can't take the sentimental way, it hurts. I just want to leave and later on to call him and tell him that is over, but I want to be sure that I have the right to get some of the money as a co-ower, that he will not have everything. I mean, he may say "She just left me, why do I owe her anything?"

Brandon M. :

Thank you for that clarification. For how long have you been married to your husband?

Customer:

from 1994, I brought him from Romania.

Brandon M. :

Does your husband rely on your income?

Customer:

We keep money separately, it was my decision from very beginning.

Brandon M. :

Thank you for that information. I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, your question of how leaving a marriage without warning will affect property rights is a common one.

In New York, leaving the marital residence will ordinarily have no impact whatsoever on the property rights of the couple. In other words, moving out of the marital home will ordinarily not be interpreted to forfeit either spouse's right to the equity in that home. If the wife moves out without warning, she can expect to retain all of her property rights to the home.

Customer:

Thank you so much.

Brandon M. :

In New York, if one spouse abandons the other, it it possible that it will have an impact on spousal support or alimony, however you will usually only see that where there is malice or unconscionable abandonment. The courts do not want to force a couple to stay together and will not punish them for separating. Sometimes it is best if a couple does not live together.

Brandon M. :

Take whatever actions you believe would be appropriate to keep yourself safe. It is also usually a good idea to let your spouse know as soon as possible after moving out so there is no confusion about your safety. You do not want the police searching for you because you are reported as a missing person.

Brandon M. :

Does that help?

Customer:

Yes, thank you so much for helping me.

Brandon M. :

Great. Did you have any other question?

Customer:

I'll contact you again if I have more questions.

Customer:

All the best.

Customer:

Etty

Brandon M. :

It was my pleasure. Take care.

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