FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
My Ex husband wants me to move out of the house and sell it, he wants 50/50 of the money, I donít want to leave my home. I have a 17 and 12 year old, what are my chances of the courts granting me the rights to keep my home and him sign over a quick deed. Also, because I canít afford to pay the monthly payments and my ex is not giving me any support, I am having my boyfriend move in with me to help me with things. Is this okay? My kids love him and he is a great guy, my divorce will be final on 6/11/12, I am just waiting my court date right now to discuss assets. I am asking for only child support the house and my car, he can have anything else he wants.Answer:
If the house was acquired during the marriage with funds earned during the marriage, the house is marital property and each one should have approximately and 50% interest. Depending on whether other assets and monies are available as marital properly, itís possible that you could be granted the house and your spouse receives some other comparable assets and or items that compensate him for his half share the house. If there are no other assets that are of comparable value, the court, because you have children still living at home, may require your spouse to provide you with funds to pay the mortgage until they are old enough to go off to school and become emancipated. The court may also order the sale of the house but allow you to find other suitable accommodations, and have your spouse provide you with some spousal support to cover the rental payments. The determination will depend on at broader picture of what all the marital assets are, what your husbandís income is, and what your income is .
Having your boyfriend move into the house before all of the issues are settled and the court issues its judgment is not a good idea . It will affect the issue of child custody, your need to insist that your spouse provide you with spousal support to pay for the mortgage or rent, and it will add a new, negative, dimension to the courtís decision regarding your need for spousal support to maintain your home or new residence, and its decision regarding custody of the children.
if you are living in New York City metropolitan area I strongly urge you to call me at 212-370-1660 to arrange for a meeting for the three of us to discuss mediating in a divorce and resolving these issues in the quiet of my of office instead of the court and carterís.
Leonard M. Weiner, Esq./Divorce Solutions