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 #299:
I live in NY. I have been married for 38 years. My husband left the marital home claiming that it would be for a period of time to get a business out of state up and running. He advised me that the business purchased a house in Maryland for him to live and for the workers for construction of business, etc. It was also to our advantage for him to become a resident of Maryland as my son was in college and it provided in state tuition status. Always being told the business was having difficultly with start-up and it did not appear that the move back was in the near future. He then sold the house, which later I discovered was just owned by him, and relocated to Virginia as it was too much for him to commute to Washington, DC. During this time he would come back to NY for all holidays, some weekends, etc. He then sold the one place in VA and move to another. Then he claimed again too much to carry and was going to share with a male friend an apartment in DC. He had the accountant who took care of our taxes, who also is accountant for business had us file separately. I was on the payroll at that time at the DC store. He said the reasoning was to build my social security. I trusted and brought into the whole story line as my life was complicated by having fragile health issues, a dying parent, house fire and then being in charge of my mom’s estate took three years out of my life. He had always provided me with the profits out of one of the stores Upon receiving a check I found an addressed embedded into the check of an address I had no knowledge. After researching I found it was listed in his name and another woman. More searching found he owned two other homes and one attached to her name as well and a child that he fathered. He removed me from the payrolls and started providing directly for my support. It has been four years since all of this came to light. Our marital home he has promised that he would turn over to me…and of course I am always put at bay. He is a principal in a business with others. I have no clue where I stand to pursue a divorce. There is no legal separation agreement. Only an oral agreement of what he will provide financially. As now both of our health is not the best and he claims he has nothing anymore…I am becoming very concerned that he has transferred much funds to property, etc. in her name or the child’s name. She has relocated from the VA to FL within the last year. He claims he lives with a friend in DC, is in the process of selling a home in VA, he claims status of living in FL for tax purposes and present deed is showing his mailing address for FL. Where do I stand legally? My son recently has offered for me to come stay in an apt. he owns in NYC. I think it would be advantageous for me to make this move for health reasons, as well as the courts are more liberal than where I live if filing for divorce is the solution. I worry about my health insurance, as well as maintaining the house. It was always our wishes that the home went to the boys upon our demise and they spend much time with me there on weekends and it has always been there home. Your thoughts of what would be in my best interests?
Answer:
You should contact him and tell him you want a formal divorce and a full accounting of all of his finances, including income ,expenses and assets and a formal Separation Agreement spelling out exactly his legal support obligations. If he refuses, tell him you intend to file for divorce in NY and that he will be forced to provide that info to the Court.
I strongly suggest you consider mediating your divorce and if you live in the NYC metro area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter in greater length.

Leonard Weiner, Esq.
Divorce Solutions
212-370-1660
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