FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
My Husband was married for ten years prior to meeting me. He got the divorce and we got married. My husband is 17 years older than I am. We have a 10 month old child together. I am worried if we buy a house and God forbid my husband dies before I do, does his ex-wife have any legal rights to the property that we acquire? We live in NYC.
Assuming that the divorce which your husband received 10 years ago was valid, any asset which he acquired after that time should be separate property and not marital property (of the first marriage). There should also have been a separation agreement in which one of the provisions spells out the division of all property and the right of each individual to maintain separate property from that point on.
If you have any further questions, please call may at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions