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Do you have any other assets--bank accounts, CDs, 401k, retirement, IRA's?
Is he going to contest the divorce?
Thanks
Thanks for the additional information.
A quick answer to your question is yes. If neither of you can afford to buy the other one out, or cannot refinance the home so as to allow one party to buy the other out, then either by agreement or by court order (if necessary) the home may be placed on the market for sale. If the parties cannot agree on a realtor, the court may appoint one. The house would then be priced pursuant to an appraisal or market value and placed on the market for xxx amount of days. If the price asked for is not received, but there is a reasonable offer made, the parties may have to accept the offer. If the house doesn't sell in xxx days, then the contract with the realtor may be renewed or another realtor would be chosen.
However.......I am going to provide you with information that you will need to know prior to filing for divorce. New York is a "fault" based divorce state. In order to file, you must be able to allege and prove the listed faults, or live separately for at least one year. Below is a link to information you must know when filing for a divorce:
http://www.divorcesource.com/info/divorcelaws/newyork.shtml
You may also wish to speak to an attorney who specializes in family law. You can contact your local bar association for a referral. You can set up an appointment to discuss the specific facts of your situation. Many times the initial consultation is free.
I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.
Legal Disclaimer: This is for informational purposes only and does not constitute legal advice. No attorney/client relationship has been created.
Attorney
17 years experience in all aspects of criminal law, landlord tenant, family law and small claims