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 #268:
In December I will be married for 2 years. I see this marriage coming to an end soon. During this short marriage, my parents bought a house that my husband and I live in. Both my parents name, along with my name is on the deed/title/mortgage. Not my husbands. If we get divorced, is he entitled to any part of this house?
Also, I am disabled, living on disability from before he and I got married. I was and am not working. Will I be entitled to alimony or any other funding from him to help me financially?

Answer:


If the house was purchased with funds from your parents and not funds you or your spouse earned during the marriage, the house would be considered “Separate Property”
Not marital, and he would not have any equity interest in it. If you and or he made the mortgage payments, he may have a claim for reimbursement of half of any reduction in the principal amount owing
On the mortgage, but no equity interest.
If there is a wide disparity between what you earn on disability and what he earns, and your lifestyle while married was on a higher standard than what you can afford alone, you may be entitled
To some support from your spouse. It will depend on the discretion of the court.

If you are living in the NYC metro area, please call me at 212-370-1660 to discuss mediating your divorce.
It will be less expensive and much less traumatic.

Leonard M. Weiner, Esq./Divorce Solutions
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