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 #231:
Hi, I'm ending a 19 year marriage in the state of New York. My mother-in-law bought and put the house we've lived in for last seven years (with three children) in her name. Is the house still considered marital property? It turns out my husband and his family have made sure that "nothing" is in his name, even though I know that its only that way on paper. We lived in a million dollar home, drove expensive cars and lived very comfortably, but on "paper" my husband has nothing. Now I'm with two teenagers in apartment, and he has the big house, expensive cars, and everything we own. What are my options? Thank You

Answer:

If your mother in law bought the house with her money and not your husbandís, and if the house was held in her name, even if you lived in it, it is her house, not yours or your husbandís and you have no claim to it.
If you can prove that the funds for the house, cars, and other valuable items were really bought with your husbandís money earned during the marriage, then you would have a marital claim to them despite who holds legal title to these items.

Leonard M. Weiner, Esq/Divorce Solutions
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