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 #175:
My husband and I have been married 6 years (Oct. 13, 2006), he has his own business and I am making $26,000 a year, we have a dog and 2 cats, which we acquired within the marriage. He owns two buildings (only in his name) that he acquired after we were married (a 3 unit and a duplex in NY) he has been very abusive (emotionally & sometimes physically) I have just started to see a therapist because I am a very depressed person and can't handle his criticism and abuse anymore. I was wondering since we have 2 buildings, would I be able to stay in one side of the duplex and would he have to compensate me because it is more than I can afford due to him convincing me that my job was good because I have always carried insurance. He is very controlling and we are at the point of not even talking to each other and I know where this situation is going, he always tells me to leave. This is both our second marriage, the reason for his first marriage was that he was cruel and inhumane, as I was also, but I decided to be cruel and inhumane just to get out the marriage. It would be feasible for me to live in the duplex because of the animals that I have. (If I am able to keep all of them). He said that he would put everything in his sister's name and I would not get anything. I do not know a lot about this situation, but would like to. Please advise, Thank you very much.
Answer:
If the buildings were acquired during the marriage with funds earned during the marriage, they are marital property despite the fact that they are held in his name only and you would be entitled to approximately half their value. Do not allow yourself to be intimidated by his remarks or threats.
If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions
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