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Westchester Divorce Attorney Archives

Stipulation agreement stated my Ex spouse was to remove me off our joint mortgage after 120 days.?

Q: Divorced July 18th 2018. I was to sign over deed after 7 days. Which I complied and did with attorneys. As of today I'm still on mortgage. Stipulation agreement states that if he hasn't complied after 120 days that I'm able to force sale of home.
Question is how would I force the sale? 

We are going through an unconstested divorce we filled out a marital agreement do we need to fill uncontested packet?

Q: We are going through an unconstested divorce we filled out a marital agreement do we need to fill uncontested packet? We have agreed on certain terms and we have it notorized, is that enough? How do we get an Index number? 

How can I get an Ex to allow me to inspect a home for damage we both still own?

Q: We have stated in the divorce agreement that I can inspect twice a year with 30 days notice and i follow the agreement but when i show up she states I am threatening her and will call the police if I ring the door bell. Can I get a court order to enter? 

What occurs when you offer continuously gets declined?

Q: Spouse petitioned & served me uncontested divorce documents. There is a two family home with tenants residing on one end. I have been approved for the past 5 months to buy my spouse out. Due to debt the two of us would have owed thousands at closing. The most smart thing to do was to buy her out. I've offered to pay all her debt as she requested. However, she has come countless times with out any counter offer. She has requested for the appraisal which I willfully gave to her. We have only owned the home for 5 years. She wants her 50% now. She has left and has left all the mortgage and maintenance of the property, tenants and emergency repairs. I know it can be deducted later on. Since 80% of the homes value can be withdrawn from the appraisal. I cant give her half from a $700,000 appraisal, owing $305,000. She has caused allot of issues doing malicious things. So Having to find new tenants and turning every bill in my name. My current lawyer is advising me to use her partner and go to court. I was hoping for a strong legal advisement to go another route. As I am doing my best to stay afloat. I feel stuck & need a 2nd opinion. As I'm bending with no positive outcomes.

Dodged by spouses attorney to negotiate terms for a buy out of assets within an uncontested divorce?Bad faith claim?

Q: I have been in negotiations for an uncontested divorce since July of 2019. A realtor came accessed the property which is a two family home. He quoted the home and suggested we finish some construction in order to sell. We have allot of debt between us so we were both requested for a pay out of all debt. I was advised from my realtor attorney friend the debt of the home was too high compared to all the number he ran. We would owe at the table a couple of thousand dollars. So I filed to buy her out which I was approved since September 2019. I decided to file for the home since she backed out on our agreement between her and my attorney. We had a list we both had agreed on. She signed it some time in August 2019 and I was awaiting the papers to sign as soon as my lawyer received it. That week she began stating she will no longer want to sell and wanted to sell as is. She then took her belongings and never returned. she began disconnecting services both under both of our names. She turned off con edison we had no heat or hot water. Which Led to the tenants vacating. She no longer contributes to the damages/upkeep & mortgage. I can't afford court since I've been left with all bills.

Is a verbal order by a referee legally binding?

Q: My husband filed for divorce. We have made our first appearance before a referee in the NY Supreme Court. I requested that his paramour not be permitted around our children as he has done so despite my objections. The referee told him to keep the paramour away from the kids but would not put it in writing. My husband says it's not legally binding and I cannot dictate whether his live-in girlfriend can be around our children. Is he correct? He wants to see him and the covid-19 virus limits where he can take them. 

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