New York, NY asked in Bankruptcy, Consumer Law and Family Law for New York

Q: Debt for legal,fees incurred by estranged husband whom I am in the orocess of divorcing in his home state Ca - debt

Incurred in Fl - his lawyer in Ca said lien will be put on my home in NY which is my primary residency - no mortgage on property in joint tenancy. Do I have to vacate the home? I am 69 and with dystonia, high blood pressure, heart vale issue, etc. my divorce lawyer says move out he can charge me rent, I pay all ins.maintained property, property taxes - do I have any recourse? Divorce will take about a year - he owns condo in Florida where judgement against him with no homestead shouldn’t that be their first choice of lien - holds more value than my home no mortgage just a line of credit from bank for about $100,000 - value of property over $600,00” - I am in Suffolk County

4 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Complicated question and not enough information. Consult a bankruptcy attorney immediately to determine your rights.

Jonathan David Warner agrees with this answer

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: I would need more information in order to answer this question. I advise you to speak with a bankruptcy attorney!

Jonathan David Warner agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: It is very hard to accomplish what your husband's ex-lawyer wants to do. Obviously, the payment of this debt should be required in the divorce. That is the place to fight it first. It would take years to bring a judgment lien from FL, foreclose it, prove that there is no exemption, etc. I would not do anything to the house, unless your ex would convey it to you outright.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
Answered
  • Bankruptcy Lawyer
  • Albany, NY
  • Licensed in New York

A: Honestly, there's quite a bit to unpack from this question. It sounds to me as if you may be a good candidate for a Bankruptcy case, but you should really consult with an attorney, in-person, before making any final decisions in regards to this matter.

Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.