FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
I have been married for 11 months. My husband and I separated in April and he moved back in the end of October and he is out of the house again. Before he moved back in I financed a car which he has been using. I filed for divorce in September but did not have him served. He said he consulted a lawyer who told him that the car was consider a marital asset so that he is entitled to it. Is this information correct?Answer:
If he was not served, even if you purchased an Index number and filed a Summons and Complaint, you do not have a divorce case!
He must be served.
Any item acquired during the marriage with funds earned during the marriage is “Marital Property” and will generally be divided equally.
If the money used to finance the car was money you had prior to the marriage and the car is registered in your name , the car is separate property,
not marital property and he would have no interest in it.
Even if it is Marital Property, his interest at best would be one half of its value, NOT the entire car.
If you are living in the NYC metro area, I urge you to consider mediating your divorce.
Call me at 212-370-1660; I can help.
Leonard Weiner, Esq./Divorce Solutions