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 #72:
I've been married for 1 1/2 years. My husband wants a divorce, he isn'thappy. We bought a house before we got married. Both saved money and I put money that I received from a legal settlement. Am I legally entitled to that money?
Answer:
The house is not marital property because it was purchased prior to the marriage but would be divided according to the percent in which you each invested in the house, including upkeep and improvements. Any money earned during the course of the marriage is marital property . Money earned from a personal injury claim is generally considered separate property and not marital unless it was paid for loss of earnings or the funds were subsequently comingled with marital funds in a joint account. I strongly recommend you mediate your divorce. Give me a call at 212-370-1660 to discuss the matter further.
Leonard M. Weiner, Esq./Divorce Solutions
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