Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #56:
My husband has a piece of real estate which I have asked them to deed over to me to secure the payment of any settlement arrangement, but he has refused. What can I do?
Answer:
You do not need your husband to deed the property to you to secure payment. You have asked them to transfer the property to you when in fact you really need a security interest in the property, not ownership of the property. What you should have requested from him is a first mortgage on the property as security for the payment of the settlement arrangement. From the type of question you are asking it seems that you have not begun an adversarial court process yet. I believe that mediation could be very helpful in your situation and I strongly recommend that you contact an attorney-mediator in your area.
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