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 #274:
I am thinking of getting a divorce after 6 years. When I got married I did not have any money. My mother passed away and left me money and a house that I have to split with my brother. I was and still am the main bread winner in the family and my husband has not worked in over 3 years. I paid for medical all the bills and now that I am unemployed am still paying all the bills and he has not paid anything. I bought a home and both of our names are on the deed.

Is he entitled to half of what I have or get when I sell the house my mother left to me and my brother.

Thank you for your time.


Answer:

If you would have used the inheritance money exclusively to purchase the new house, and kept the deed in
Your name only, the house would have been separate property, not marital property.
By adding your spouse to the deed you gave him a gift of 50% of the house and he now can claim a 50% interest.
You can try to convince the Court that it was not a gift but needed him to qualify for the mortgage, but it will be an
Uphill battle.
If the money you receive from the inheritance is kept in a separate account in your name only,
it will be separate property, not marital property and your spouse will not have any interest in it.
Good luck!

Leonard Weiner, Esq./Divorce Solutions
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