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 #238:
My ex husband and I divorced in 2004. Everything was very simple, and nothing was mentioned as far as future marital assets. I continued to live in the apartment we shared after he left (he left in 2003) and just moved in September of 2009. The problem is this- the property manager in the former apartment changed 3 times since my husband left, and they failed to change the name under which the bank account was created, which held the original security deposit. My ex said time and time again he anted nothing. Now 5 years later, I tell my newest property manager I am moving, and I am told the security check will be in my ex husbands name. I speak with him regarding this, explain the errors, and he states “that’s fine, just let me know what and where I have to sign” now3 weeks later, the check has arrived in his name, he and his new wife just bought a town house, and he is claiming he never said that and is entitled to half, plus interest. Mind you- he has not paid child support or alimony, yet believes he is entitled. I know I should have had him sign something, but hadn't. Is he entitled to half? Should this have been spelled out in the divorce agreement?

Answer:


Obviously, this matter should have been addressed in the Separation Agreement when you got divorced. In order to know for certain whether it was in fact addressed in a general way one would have to review the terms of the Separation Agreement carefully. There may be a provision regarding marital funds or property, of which this deposit is one. This is not money that was acquired after the separation and divorce but in fact was money that existed during the marriage.
If you are living in the New York City metropolitan area, please contact me to arrange for a meeting to review the Separation Agreement and discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions
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