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 #200:
I live in NY and have two children in the 20's. My husband was having
financial difficulties with his businesses in 2002 and instead of listening
to the advice of his corporate lawyers he left me a note that hinted at
suicide and stated that he was leaving and he just didnt leave he became a
missing person. The police found him 4 months later 300 miles from our house
cooking at a restaurant and hanging out in the bars at night with a group of
20 year olds ( we are in our 40's). He left me with no income and a 18 year
old son in college.
I had to get a job and the banks forclosed on his
businesses because none of the businesses were in my name and was never
involved with them. This forced bankruptcy beyond my control. I was a fool
and took him back but never could trust him and when I told him how I felt
he said get over it and he never should have come back. After 3 years of
trying to save the marriage I realized I would never trust him and I told
him I wanted to seperate and he told me to get out I refused to leave and
one night when i wasent home he locked me out. He would not let me in to get
anything.
I called the police many times and they said get a lawyer and tell
the judge there was nothing they could do. So I started staying with a
friend and we both hired lawyers. My lawyer requested that I be allowed to
get my things and he responded by saying I took everything and nothing was
at the house that was mine. A month later we had a flood at the house that
flooded the unfinished basement. He now says he sold my things, gave them
away, and what was left was ruined by the flood. When we went to court this
information was given to the judge but he didnt do anything except order an
appraisal on the house and let my husband stay in the house at this time.
Meanwhile I have nothing except what I had the night he locked me out and a
few things I have bought. Before I retained my attorney he had his lawyer
send me a seperation agreement that he wanted me to sign and attached to it
was a list of my personal property that he was willing to give to me if I
signed it. I didnt feel it was fair and I wanted my lawyer to look at it and
when he found out I had a lawyer he said sign it now or you will never get
anything. He would keep saying if you sign the car over to me I will give
you your things. I signed the car over to him and never got anything. Then
he said if you give me the dog I will give you your things I gave him the
dog and never got anything.
I was also paying all of the bills at the house
for 3 months after he locked me out. I cannot keep staying with this
friend, I have no furniture, I want the house and I want to be allowed back
in my own house now.
Please help me he has taken everything I own and I
lived in that house for 23 years raised my two sons while he was married to
his job and never home and I have emotional attachment to it. That house is
all I have left of what I did have he has taken everything from me and no
one will help me all my lawyer is saying is the judge will address it.
The appraisal also came in and he is claiming the flood caused damage to the
house so now it has no equity but 6 months ago he said it had 50 thousand in
equity. Only the unfinished basement was flooded and I think he put in a
claim in fema.
No one will let me into my own house that I have owned and
still own for the last 23 years to even see what damage there is and if my
personal belongings are there. I heard that he is seeing another women, can
he let her move into our house now. Please help me I feel like I have no
rights.

Answer:


Sounds like you picked the wrong lawyer!
You should find a lawyer in your area who is an experienced, matrimonial
attorney who also does civil litigation and is not afraid to sue your husband.
If title to your house is in your name as well as that of your husband, you own
part of the property and should have every right to its use and occupancy.

Good luck!

Leonard M. Weiner, Esq./ Divorce Solutions
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