I live in NY. I have been told by friends that I cannot be forced to sell marital residence as long as there are young children living in it (up to age 18) Mine are 11,7,2. With child support and my income, I think I could easily afford to stay. Does anyone know if this is true? I forgot to ask lawyer in initial phone consultation and don't want to call back until I plan to give retainer.

Here's a source for you to begin with. Searches on the web will give you more sites to check out if you remain persistent. Some states and counties have their family law on websites sponsored by them now. So the information is free. site

you could call another atty that has a free consulation and ask..

Hewantsout:<p>The house is an issue too? ME TOO!!! One minute depressed unfaithful H says he'll leave it to me & he just wants out. The next he says he put alot of work into it and paid for it & its his and I should move out. That I cant afford to keep it & we should sell it!!. Sometimes I really think all he is after is his cut of the profit we could get. But its my HOME, even though we don't have kids.<p>Ours is a no fault state & I have no kids. So I guess in my case, H & I could hash it out for a bit (hopefully it wont come to that - he hasn't moved out & re-filed yet!) I dont want anything else except to continue living in the home. But eventually we would have to come to some sort of agreement, or the judge would decide for us. Most likely sell & split return 50/50. But he earns twice as much as I do & I worked full time all this time too.<p>So how much does H earn & how much do you lose if divorced? Don't forget the option of "maintenance" (alimony), or even retirement plan. But I think you are not ready for that in your heart, just collecting information to be safe?

Yes. Just collecting info. We are far from settling anything. He plans to leave in about 3 wks. At first I wanted to move - to get closer to work (now 30 min.), change of scenery, and mainly to get away from my nosey neighbors (biggest problem). But after thinking, I would rather not put the kids through more changes (my oldest is starting middle school in fall) and maybe things will work out. Also, I have a really nice house, pool, etc. and would hate to give it up especially for kids, move to apartment, when I could afford it (as long as I don't have to buy him out right away). <p>I know I'm getting ahead of myself but I feel "hope for the best, prepare for the worst".<p>The suggestion to call another lawyer for consult was good. Thanks.

I consulted with another attorney and yes I cannot be forced to sell house as long as there are young children (under 18). So for anybody in NY - that's the deal.