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 #280:
Hi!
I am married but living separately since September 2010. Filed Divorce in August 2011 and then drop the case. Still living separately and on the process of buying a house. Will he be a problem for me? I am living in Texas. I am trying to work on my relationship with my husband but I am not sure whether I will be able to live with him again or not.

Answer:

Until you actually get A divorce judgment signed by the judge and filed with the county clerk in your jurisdiction, you are still considered married and any asset acquired during the course of such marriage is considered marital property, regardless of in whose name the property is held. If, however, you use funds acquired prior to the marriage to purchase the property, and keep the property in your name only, the property will be considered separate property and not marital property and your spouse will have no interest in it.

If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.

Leonard Weiner, Esq/Divorce Solutions
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