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 #275:
I've been married almost 6 years and I'm considering divorce. We were married in Las Vegas, but reside in Arizona. Also, we never filed the document in our state. I'm still in our home but we barely speak and sleep in separate rooms. We have 3 children (2 whom are biologically his). I have received a gift (large sum of $$) from a relative who won the lottery for me to start my life over. The gift was put into my personal acct, his name is not on it and I've never used it to pay for anything in the home. Is he entitled to half even if it was given only to me??

Please help!

Answer:


If you received the money as a gift and maintained the funds in a separate account in your name only,
The funds should be considered separate property, not marital property and your spouse would have no claim to it in the event of divorce.
If you were legally married in Nevada, the fact that you did not file your marriage in Arizona will not affect its validity.

Good Luck!

Leonard M Weiner, Esq./Divorce Solutions
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