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 #64:
I have been married since September 2000 and live in New York. No children. My husband and I are thinking of separating due to the fact that we just cannot get along. I have owned a house since 1990 and the deed and mortgage is in my name only. I also have my elderly parents living with me and help support them at times. My question is, will my husband be entitled to half of the house? He is telling me that I am not entitled to any of his pension because we would have to be married at least seven years. Also, I took out an equity loan to pay for our furniture and payoff his credit card bills. I did have him sign an agreement that he would pay me back if we divorced. But he is saying that he is entitled to half the money in the savings account. The loan and the savings account are in my name only. Please advise. Thank you.
Answer:
If the house was your property prior to the marriage and remained in your name after the marriage , it is individual property and not marital property and thus it belongs to you alone. You would be entitled to approximately one half of his pension earned during the marriage. He would be entitled to one half the money in the savings account which was earned during the course of the marriage. If you are living in NYC, please call me at 212-370-1660 to discussmediating the Divorce. I can help.
Leonard M. Weiner, Esq. / Divorce Solutions
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