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  1. #1

    Default Equity in Marital residence

    Hello,

    I'm located in NY. My husband and I are working out a separation agreement. The only issue on which we cannot agree is the marital residence. He wants to keep it and he doesn't want to give me any of the equity (approx. $400k). We've been married 7 years and we purchased the home after we were married. I've been a stay at home mom for 5 of the seven years.

    Questions: Can I go to court to receive my share of the equity in a separate proceeding or must I initiate a divorce proceeding? What is the name of the proceeding that I would initiate? If my husband cannot pay the $200k in a lump sum what other options are available to the judge?

    Thanks a bunch!

  2. #2
    Join Date
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    Default

    If you can't agree on how the marital estate is to be divided, you would ask the court to divide the estate for you as part of the divorce proceeding.

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