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 #58:
Question: Re: California Community property laws. I purchased two homes prior to marriage. & also owned one business approx 15 years prior to marriage. All titles have remained in my name & during the past six years of marriage. NO mortgage payments, taxes, repairs, or even utilities have been made by my spouse. If divorce were to take place would these properties be considered my separate properties?
Answer:
Under the facts you present the property is clearly separate property and not Community Property but your wife may have a claim to be reimbursed for half of your earnings that went into paying the mortgage, etc. on the homes and half of the increase in the value of the business since the date of the marriage.
Leonard M. Weiner, Esq / Divorce Solutions
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