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 #255:
Me and my wife both lived and still live in NY. We got married in Oct of 2008.
We got married in NYC at the Croation church. We also bought a home this year Feb. 2011 I cannot take the stress she puts on me when we get in to an argument any more I thought she would change when we bought the home but it got worse when we argue she gets violent like curse at me swings doors open picks up chairs like as if she is going to throw at me. She mentally abuses me and I don't know what to do anymore she treats me by saying she's not going to give money for the house payment or credit cards we used to buy things for the house I will continue to pay for the house with my money I make is that good or bad and if I do will she still have the chance to keep the home or can I keep it we have no children we have separate accounts and also a joint account. I also have audio recorded have her mentally abusing me cursing, screaming, threatening to spit on me, and more.
Please let me know what can I file under and if you can do the work thank you.

Answer:
Any property acquired during the course of the marriage with funds earned during the marriage are marital property and are generally divided equally between the parties. If the monies you used to purchase the house came from separate funds that you owned prior to the marriage or from an inheritance, then the house would be considered separate and not marital property.
Under the new law in New York State, if the marriage has broken down for over six months, you can file for divorce based on those grounds. You will however, have to settle all of the financial matters as well before a divorce will be granted.
If you're located in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.
Leonard M. Weiner, Esq. /Divorce Solutions
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