My husband and I've been married and own a home on long island, NY for 6 years. We have a 3 year old child. My husband's income doubles mine. Our house is the only major marital asset and we have 45% equity in it. Assuming I get custody, what are the chances of me getting the exclusive use and occupancy of the marital home until my child reaches the age of majority? I know he strongly opposes to the idea of letting me stay in the house after the divorce. However, with his income, he has no problem establishing a separate residence on his own, and at the same time paying child support and continue to contribute 2/3 to the maintenance and mortgage of the house (and I continue to contribute 1/3) until our son turns 21. I would probably be able to afford to live in the house with my income and child support if he doesn't contribute to the mortgage. How likely would I get to stay in the house with my child if our case goes to trial? Who should be paying the mortgage and maintenance after the divorce in this case?
Answer
Depending on how your attorney handles your case, there is a strong possibility of being awarded exclusive occupancy, maintenance and child support. However, your husband will not be required to pay the carrying charges on the marital residence once you are divorced. There are a number of ways of trying to achieve most of your goals. You should ask for a free consultion with an attorney who deals exclusively with divorce and family law issues.
Answer
I recommend speaking with a lawyer as soon as possible.
While you have given a good description of your circumstances, it is still difficult to assess your chances of success in any manner unless you receive a complete consultation.
My colleague is correct: there are many possibilities for you, but you cannot determine the best approach for you through this website alone.
