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 #141:


My husband and I own two homes in two different states just recently he changed the locks on the second house. Can he legally do this without my knowledge? I asked him what he was doing at the house and he said he was just checking on things. Do I legally have the right to call a locksmith and enter the home? He hasn't mentioned he wants a divorce, but all his actions tell me different. At this point I do not believe he has contacted an attorney, but I just want to make sure I go about things properly.



Answer:




Answer:


If title to the home which you refer to is in your name, whether title is held in your name only or jointly with your husband, you have every right to have access to such home. If title is held in his name only, then the issue becomes more complex.

In the event of divorce, if the property was acquired during the course of the marriage from money earned during the course of the marriage, it will be considered marital property, and depending on which state you are living in, you should have a 50 percent interest (approximately) in such property whether or not your name is actually listed on the title.


If you a living in the New York City metropolitan area, I strongly suggest that you call me to discuss the matter at greater length and to consider mediating your divorce, should that the necessary.




Leonard M. Weiner, Esq./Divorce Solutions
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