Q: I currently have an order of protection against me for 2 years barring me from contact with my current spouse or homestead and have recently found out through my sons that she is putting our house up for sale. I am not against it being sold, but when I asked them to ask her for detailed information on what the plans were, the response that came back was that I have no involvement and will "Absolutely" not be receiving any of the equity upon the sale. Also, I did not need sign the sale papers if/when it is closed. Joint names are on the title and deed. To top it off, I am due a lump sum pension distribution in August which requires her signature on the pension papers and she states that she is owed 50/60 % of that as well. Can she legally get away with this ? Thanks
She Also sold my truck that had only my name on it ??? how is that possible ?
A: David's Answer: Your should strongly consider filing for divorce as soon as possible. Upon filing & serving her with the summons, automatic orders go into place barring her from selling any real estate without your express written consent or court permission. That said, just as you're generally entitled to half of the equity of the house was bought during the marriage, she's generally entitled to 1/2 of the marital component of your pension. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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