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 #228:

I live in Long Island and have been married for 20 years. My marriage hasn't been easy through the whole marriage. I have two children who lives with us, one is underage and the other one is 19. I have questions in how to start this process. I can say that I'm nervous about it because I might be left with nothing. He has kicked me out of the house every time we argue but many of my friends tell me he can't do that. He makes good money, the house is under his name, and he pays the mortgage. He has mentioned that the house is under the kids, including my step son. I am on Social Security Disability for about 5 months. Can he throw me out of the house? Will my younger child receive any money? He said I will not see a penny, meaning no alimony. I just want to leave this house and find an apartment for my kids and I but I don't have the money for it. If he sells the house, will I get anything. I have no money saved because he has told me I have to pay the gas, light, car insurance and the phone bill which hardly leaves me with anything. What are my rights? How can I start in finding out in starting a divorce process. I am afraid because he has told me i will not receive a penny from him. Please tell me what can I do?

Answer:


Let me start from the beginning. First, your husband has no right to kick you out of the house. In the event that happens again call the police. If he becomes violent you can ask for an order of protection and he will be forced to leave the house, not you. Under no circumstances should you suffer or allow yourself to be physically abused. If he has been supporting the family, the court will force him to provide you with child support and spousal support in order for you to pay your bills. Do not listen to what hes telling you regarding his not paying any alimony. If the house is marital property, which means it was purchased in the course of the marriage with funds earned during the course of the marriage, and not a gift or inheritance, purchase would money he had prior to the marriage, you should have approximately a 50% share in such property, regardless of in whose name the property is legally held.
If you are living in the New York City metropolitan area please call me at 212-370-1660 about mediating your divorce.

Leonard M. Weiner, Esq. /Divorce Solutions
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