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

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

Jonathan David Warner agrees with this answer

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

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

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.

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