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 #69:
I have been married for just 3 years. My husband retained an attorney for a legal separation or whatever. He is not even sure himself. My question: We have a condo and the condo was purchased prior to our marriage and is in my name (deed and mortgage). A very minimal amount was put as a down payment and I can't even give you a figure of his contribution to the downpayment, because it was so minimal. All costs were paid out of my personal checking account/savings. Is he entitled to any share of my home?
Answer:
Property acquired prior to the marriage by one spouse and held in that spouse's name is separate property, not marital property and your husband has no proprietary interest in it.He may have a monetary claim for part of the money he contributed to the upkeep or mortgage, or that was funded with marital property (e.g. wages you earned during the course of the marriage),but he has no equitable claim in the property itself.If you are located in the NYC metropolitan area, please call me to discuss this and many of the other questions you will have in separating.I can help!
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