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 #84:


My husband and I have been married for 4 years. We have a 2 year old son. He is military and I was until our child was born. We both agreed for me to get out of the service to take care of the child and go back to college. Everything we own is in his name even though we bought it after marriage. He has not been a very good husband and i am tired of being miserable. I want out after two years of trying to work it out. I have no job, no car and no income. He has agreed to let me keep the car and he will pay for it. We lived in TX and I decided to move back to VA with my family. I want him to be able to have a good relationship with our son but it seems almost impossible. I don't want this to be ugly and I still want to be on good terms with him. I really don't have the money to fight him in court over property. How much support is he required to give me until the divorce is final. The only bills we have is house, car insurance, etc. There is no credit cards or lines of credit. He has almost $1000 left over a month after all bills are paid. He says that if I decided for sure to divorce then I am cut off to any financial support besides child support which he is just paying the car payment for that. He wants to keep the house and I do not contest that even though there is over $10000 in equity in it. How can I do this peacefully? I can not afford daycare so I can go to school. I will get my G.I. Bill in Oct. but that is not helping me now. Jobs in my area (southwestern VA) are scarce and most people want full time and will not hire for a few weeks only.


I would appreciate it if you can help any at all.


Answer:



ANSWER:

I cannot tell which state has jurisdiction over your case ,but

in an"Equitable distribution state ' or a "Community property state"

you would be entitled to approximately half of all marital assets (i.e.

all assets acquired during the marriage with funds earned during the marriage

regardless of in whose name the assets are registered).

In addition, since you are not working, your husband would have to

provide you with some form of spousal support and even child care

to give you an opportunity to go back to school to learn a profession

or time to find a job which would allow you to be self supporting.

Do not be so quick to give up your right to half the equity in the house.

It may be one of the few assets you have and if you are not thinking

of yourself think of your child.

Discuss these matters with your husband and see if he would agree

to mediate the issues with an experienced attorney-mediator in your area.

The alternative is costly litigation. If he refuses you should contact an experienced

matrimonial attorney in your area to discuss the matter further. If you do not

have funds to pay for the lawyer the court will make your husband pay for

your lawyer also.


BE STRONG!


Leonard M. Weiner, Esq\Divorce Solutions
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