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 #163:
Me & my husband have been married for 3 years in upstate New York. Last
summer he convinced me to stay after i asked for a separation due to his failure to commit to starting a family, temper & unhappy living conditions among other things. I just felt we wanted different things out of life and we drifted and wanted out. We
also were living with his mother who is mentally unstable and caused a lot
of tension & problems in our marriage. I stayed to give it one more try.
My husband knew it was his very last chance. A month later, I surprisingly
got pregnant. Through my pregnancy my husband was distant and uncaring.
He said he just had a lot on his mind with work and his mother being
mentally ill and having to live under her roof. He showed no compassion or
concern for me or the baby and made my pregnancy very lonely & stressful.
i did my best to not let the stress effect me because of the baby and hoped

we could make our family work. A few days after giving birth, my
mother-in-law went 'mental' on me for no reason kicked me out of the house.
I decided to respect her wishes because I donít want my baby in this
unstable environment and moved out. I moved into my parentsí home. (They
are also the ones who now provide his day care while i work.) The
"marital" home where we resided was owned by my husband & his mother which
was left to them when his dad died. I refused to go back because of his
mentally unstable mother and also the way i was treated throughout my
pregnancy. I had enough. My husband loves the baby and stops by almost
everyday to see the baby, but only usually stays 15min - 1 hour. I provide
all the babyís care; feeding, changing, bathing, healthcare, health
insurance you name it. Here are my questions:
(1) WHAT ARE MY CHANCES OF GETTING FULL & LEGAL CUSTODY?
(2) CAN HE GET ME ON ABANDONMENT BECAUSE I LEFT OUR MARITAL HOME EVEN THOUGH I GOT KICKED OUT?
(3) CAN I GET CHILD SUPPORT EVEN THOUGH WE MAKE ABOUT THE SAME AMOUNT?
(4) AM I ENTITLED TO ANY OF HIS INHEIRATANCE THAT HE GOT WHILE MARRIED?
Answer:
1. From the information you provided, it seems that you have a good chance of getting legal custody of your child and serving as the resident parent.
2. Assuming you can convince the judge of the fact that you are indeed thrown out of the house and that it was in the best interests of the child to live elsewhere, you should have no trouble with any claim of abandonment.
3. If you are declared the resident parent of the child, you should receive child support from your husband for his share of the child support obligation, regardless of your income.
4. Unless your husband co-mingled the inheritance funds or property by putting it in a joint name or account, an inheritance is not marital property.

If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to mediate your separation and the Divorce. Until you have a legal separation or Divorce, you cannot remarry, and you are still considered husband-and-wife.

Leonard M. Weiner, Esq./Divorce Solutions
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