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 #297:


I have been married for 19 yrs and my spouse and I have grown apart. We have a 21yr old son in college out of state. My wife is on social security disability and does not work, but I think she could if she wanted to. Before I leave our house I wanted to know if there were any legal ramifications of me doing this, such as, abandonment? We are trying to work out the separation but I wanted to make sure I'm not giving up any rights once I leave the house?

Answer:

You should not leave the house until you have resolved the financial division of assets and spousal support. If the house is owned by you , leaving it before there is a written agreement regarding the finances may jeopardize your ability to force a sale of the house or to have her move out in order to sell it.

Leonard Weiner, Esq./Divorce Solutions
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