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 #265:
I have been married for 5 years, and now I want a divorce. ¬ the reason would be "cruel and unusual treatment". He has been emotionally abusive, cheated in the beginning, calls me names, insulting, etc. I tried leaving in the past and he has always returned me from leaving, apologized told me he loved me etc. Now after 5 years, I guess his feelings have diminished - he is the one who is constantly suggesting divorce, telling me to leave, and there is a weekly scene and name-calling on his part. I have a son from a previous relationship, he is now in high school. He is being quite strict with him as well, and not in a "normal, healthy" way. He picks on him, calls him names, etc. I can't take this situation anymore.

Here is my question. He owns a business and he owns a condo in which we live in. Also, I used to work however, after we got married he wanted to me to stop working, and help him with business. I now work there 3-4 times a week. Do I have a right to the business and the apartment?

Answer:

You did not indicate what state you lived in, but if your state is a Community Property state or a
Equitable Distribution state, most states are one or the other, you have a right to approximately half of all
assets, property or funds earned during the marriage, no matter in whose name the property is held.
If your husbandís business was acquired during the marriage , or grew during the marriage, and if the apartment
Was acquired during the marriage with funds earned during the marriage they would both be considered marital property
And you would have an approximate one half interest in them.
If you are living in the NY metro area, please call me to arrange an appointment to discuss
Mediating your divorce. I can help.

Leonard M. Weiner, Esq./Divorce Solutions
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