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 #301:

We live in NJ. I have been with my boyfriend for 3 years now and he has been separated, not legally separated, from his wife for about 8 years living separate lives but stayed in the same home so they could both raise their 3 children who are now 9 in school, 15 in school, 19 not in school but works fulltime. He finally moved out a year ago but still has not gone to get thing legally processed because he feels bad for her and she keeps telling him she has no money for a lawyer and that she is going to get more money as alimony, since they are married 20years, if he divorces her so to just keep living separately and just keep paying her $600 a month child support and that I the girlfriend should be understanding and not force him to divorce her. She texts and calls him throughout every day and not about the children it’s about personal info and wanting to know where he is and what he’s doing and how his day is, as if they are still together and it drives me crazy and our relationship is taking the heat for it because we constantly fight about her needing/wanting to stay so involved in his life. He only makes 46k a year and I think he is paying way too much child support. And now he wanted me to co-sign on a bike loan because his "wife" destroyed his credit and I agreed as long as he signed a Contract Agreement with me so I don't get screwed should something happen to our relationship, or to him, or to me, and to write it out that the bike can NOT be used as a dividable martial asset when he finally gets divorced. I was trying to protect myself and us, but he became furious with me. His "wife" claims she will not go after the bike in the divorce. But those are just words and she already stole and cashed the tax check that they filed joint taxes in 2013 and lied that the check never came until he finally tricked her into confessing it to him last week. I don't know what to do. I don't think I was wrong to ask for the Contract Agreement and I don't know if that would ever hold up in the divorce or if she can still get 1/2 of it. Also just asking if his child support is too much he is paying out because between that and rent and his own bills he doesn't even have enough to go grocery shopping for himself every month and its falling on me to support him while he’s still supporting his "EX" wife. Any advice would greatly help me PLEASE!!!!

Answer:
Answer:

Have him transfer title to the “bike” to you. Or in the alternative, file a lien w/ the Motor Vehicle Dep’t on the bike. Do not rely on any “ Contract Agreement”.

Sounds like you need to make him decide whom he wants to share his life with.

Good Luck!

Leonard Weiner, Esq.
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