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 #181:
ok 3 years ago i sold my house to buy land and move to new york state with my husband of 3 years - we also purchased a fishing lodge we have been running for 3 years - i had to take a full time job out of the home because i had a better ability to make a lot more income than him. he was suppose to take care of the lodge - his contributions were minimal, however he had no issues in spending all the money i was making - for the last couple of months he has been acting very funny - i thought it was clinical depression - he denied there was someone else - however, the dummy went around telling people he was unhappy and was screwing a 24 year old - one weekend when i was out of town he even went as far as to take her to two of our friends house - i got a call and came home a day early to talk to everyone that had seen, met or heard anything about her - when i confronted him on his cell phone he still insanely denied my accusations however he was with her and when he got her back in the truck to come home and handle me his cell phone accidentally called me back and i was privy to a conversation between him and his lover about me - that night and since then (it has only be a few days) he has been shacked up with her at another lodge in our neighborhood four blocks down the road - i even confronted them myself with disbelieve the first time i saw them out there together - this was within 24 hours of me coming home to find out what was going on!! Here is my question - i have worked my fingers to the bone - he has taken full advantage of me and my finances and has obviously run off with this young girl - i aggressively want to protect what i have worked to hard for - does the state of new york take into consideration peoples actions when it come to splitting the marital assets?????
Answer:
Property acquired during the course of the marriage with money earned during the marriage is marital property, regardless of how the title to the property is held. If the house you sold was your separate property and you purchased the lodge with that money and kept the lodge in your name only it would be separate property and not marital property. If, however, you have both names on the lodge property, it is if you gifted to him one half of the property. The matter then becomes involved and a thorough review of all documents and accounts must be made before legal advice may be offered.

Generally, peoples actions are not taken into consideration, but in unusual circumstances judges will lean over backwards to help the innocent party.

If you are living in the NYC metro area, please call to make an appointment to discuss the matter in greater length.


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