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 #250:
If both spouses made a good income over the marriage (15 years) and the wife paid for all of the mortgage and real estate and tax payments in excess of individual withholding, can she get any credit for that portion of the husband's income that was reduced for tax purposes because of the mortgage and real estate property deductions as well as increased on an after-tax basis because she paid that portion of his taxable income in excess of his withholdings by check to the government?

Answer:
Generally, any money earned by either party during the marriage is considered marital property and thus the money
you earned which you used to pay the mortgage was marital property , not separate property , and any benefit or
savings resulting from the mortgage payment will not be credited to you.

Leonard M. Weiner, Esq./Divorce Solutions
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