Brooklyn, NY asked in Divorce for Puerto Rico

Q: Can I keep our home if we have 2 minors or do I have to sell it if my husband insist on it? We are divorcing.

The house was bought while married. I can afford the payment but not to buy him out.

Related Topics:
1 Lawyer Answer

A: Greetings:

When you file for divorce and have 2 minors that where conceived on the matrimony, the non custodial parent has to provide child support and shelter for the minors.

The division of property doesn't expire until it's resolve among the parties. So the request for a secure home where the minors can have a shelter until the become adults will be provided for the minors and the parent with physical custody.

You can request to be the main secure home for the minors in the divorce.

The non custodial parent will have to provide child support and other require payments to insure the safety and wellbeing of the minors, including part of the payment of the mortgage in proportion of the percentage of his responsibility as a parent.

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.