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 #107:


MY HUSBAND AND I ARE SEPARATING AFTER 16 YEARS OF MARRIAGE. WE PURCHASED A HOME 11 YEARS AGO, BOTH NAMES ARE ON THE MORTGAGE. HE IS RESPONSIBLE FOR THE MORTGAGE PAYMENTS AND I AM FOR ALL THE UTILITIES. I HAVE BEEN LOOKING INTO BUY A HOME FOR MYSELF SINCE HE DOES NOT WANT TO LEAVE THIS ONE. IF I PURCHASE PROPERTY WILL HE BE ENTITLED TO ANY PORTION OF IT. ALSO, IF I FILE A QUIT CLAIM DEED ON OUR JOINT HOME WILL I BE ENTITLED TO 1/2 THE EQUITY THAT IS IN IT. HE TOLD ME THAT HE WASN'T GIVING ME ANYTHING AND TO JUST GO!! THANK YOU KINDLY FOR YOUR RESPONSE


Answer:



Answer:


You did not indicate which state you are located in, but in a community property state or an equitable distribution state such as New York, you would be entitled to approximately one-half the value of the house and your husband would not have a right to ask you to leave. If you purchased a house while you are still legally married, your husband will have an interest in such house.

You should wait until you have entered into a legal separation or filed a summons and complaint for divorce before you purchase any additional property.


I strongly suggest that you consider mediation to settle your separation and divorce, and if you are located in the New York City metropolitan area please call me add to 12-370-1660.


Leonard M. Weiner, Esq/Divorce Solutions
Back to content