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 #183:
MY HUSBAND AND I HAVE BEEN TOGETHER FOR SIX AND A HALF YEARS. WE HAVE A FOUR YEAR OLD CHILD. HE HAS A HOME THAT HE PURCHASED IN NY THAT WE USE TO RESIDE IN. WE NOW LIVE IN NJ IN A HOME THAT'S IN HIS NAME. WE GOT MARRIED IN JUNE OF THIS YEAR AND EVERYTHING SEEMS TO HAVE GONE DOWN HILL FROM THAT MOMENT. MY QUESTION TO YOU IS, AM I ENTITLED TO EITHER OF THE HOMES IF WE WERE TO DIVORCE NOW EVEN THOUGH WE'VE BEEN TOGETHER FOR YEARS BUT ONLY MARRIED FOR MONTHS? PLEASE ANSWER MY QUESTION AS SOON AS POSSIBLE. THANK YOU FOR YOUR TIME.
Answer:
You do not have any claim to property owned by your spouse prior to the actual, legal marriage.Even if he acquired the property during the marriage, but used funds he had prior to the marriage and kept the property in his name, it is separate property and not marital property, and you would have no claim to any portion of it.

You should be entitled to spousal support and should also get child support, however.
If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions
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