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 #184:
Hi. I live in NY, have been with my husband for 16 years and married for 14. The house that we live in was my grandmother's house, which was passed to my parents. I bought the house for $1 from my parents 1 month after my marriage, as it was a stipulation in their divorce. I have lived in the house my entire life. The deed and the mortgage are both in my name alone. He worked throughout the marriage, but jumped from job to job and hardly contributed any money toward the bills. He literally spent everything he made on himself and his toys. My question is: What chance do I have to keep the house and not have to give him anything? There are 2 children and they will be staying with me.
Thank you for any information you can provide.

Answer:
Technically, if the "Dollar" you used to purchase the house came from funds you had prior to your marriage, and as you say, you kept the title to the property solely in your name, the property should be considered separate property and not marital property and your spouse would have no claim to it. In fact, the property was a gift to you from your parents, as recorded in their Divorce Stipulation, and as such, and if it was kept solely in your name, it is again separate property and not marital property and your spouse would have no claim to it.

Leonard M. Weiner, Esq./Divorce Solutions
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