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 #73:
I have ask by husband to leave for while until we can figure out what we both want. We have been married for 3 years. I don't want my children to see how miserable we are together. We built a house while we were married and everything is in my husband's name because I stayed home for three years taking care of our children. I didn't have an income to get credit. So everything is in his name. I wanted to know if i am entitled to our home and any savings that we have. I don't want to move my children again. He won't leave; he said he has too much invested in this marrage but he will not go to counseling with me to try to work things out. I am from NY and I just want to know what I am entitled to even though my name isn't on anything. I am only working part-time now and I can not afford everything on my own. Please help me understand!
Answer:
In order to properly answer your question I must know what state you are presently living in, for how long are you living there, where were you married, and where do your spouse and children live. In NY or CA ,for instance, the fact that the house or other assets acquired during the marriage are in one name or the other is irrelevent! Each one would be entitled to approximately half and if you get custody of the kids, the court will probably grant you the right to remain in the house until the children grow up.
Leonard M. Weiner, Esq./Divorce Solutiuons
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