FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
Me and my husband have been married only a year. We are talking divorce. We have a nine month old son. Everything we have is in his name. He never would put my name on anything after I asked him to. Do i have to leave with my son and find a new home or am I allowed to stay here and raise my son?
You do not indicate what state you’re located in, but in the State of New York, which is an “Equitable Distribution” state, all funds or property acquired during the course of the marriage regardless of and whose name such property is held is considered marital property and is generally divided in half. Thus, if the property you are living in was acquired during the course of the marriage with funds acquired during the course of the marriage you will have an interest in that property. If the property was acquired prior to the marriage, and is held in your spouse’s name, the property is separate property and belongs exclusively to him.
Even if the property is his, however, since you have a young child at home, a judge may decide that you can remain in the home until the child reaches majority.
I strongly suggest that you consult with an Atty. experienced in matrimonial matters in your jurisdiction who can assist you.
If you living in the New York City metropolitan area, please call me to arrange for an appointment to discuss mediating your divorce.
Leonard M. Weiner, Esq. /Divorce Solutions