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 #76:
NYC residents: my wife an i got married 8 months ago.i had substantial assets prior to our marriage and i make about 4 times her salary. Prior to our marriage, we entered into a contract for the purchase of a home for which i paid the down-payment. In addition, after we got married, i paid the remainder on the house with the assets i had prior to our marriage. Can my wife claim that she wants half the value of the house, even though it is me who paid for it?
Answer:
You did not indicate how the title to the property is held. If it is held in your name only and was paid for with funds you had prior to the marriage, it would be considered separate property and not marital property and thus she would not have any interest in it. Even if the property is held in both names, since the duration of your marriage is so short ( 8 months), I do not believe the Court would grant her an equal share of the house which was funded entirely by you with funds you had prior to the marriage. Please call me at 212-370-1660 to discuss mediating your divorce.I can help.
Leonard M. Weiner, Esq./Divorce Solutions
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