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 #235:
We been married for 24 years in Wisconsin, things aren't going so well anymore in our marriage. I want to get a Legal Separation to see if we can work through our marriage. He came to me saying he wants to sell our home, that we have resided in for 19 years and move to Georgia, cause cost of living is cheaper. He knows I'm going for separation and I think he wants to get a hold of the house money first. What should I do? and can he sell the house during a Legal Separation? Thank You

Answer:


Do not sign anything until you have a clear idea of what you wish to do.
If you are named on the Deed he will need your signature to sell the property.
If you decide to sell because you think it is a good idea, have the net proceeds divided in half and your portion paid directly to you at the closing.
Do not allow the payment to be made to him or even to both of you but in one check.
He could sell the house during a legal separation if you are on the deed and sign over the property to him.
If the property is only in his name but was acquired during the marriage, you must file for separation and divorce immediately to stop the sale.

Leonard Weiner, Esq./Divorce Solutions
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