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 #302:

I was wondering if you'd give me some legal advice. I've read many of your FAQ but can't find one specific to my situation. My husband and I rented our family house in which we are both on mortgage and deed in September of 2012. In April of 2013 I moved back into the house by myself. So in all essence my husband has not lived there in over 2 years now. He keeps claiming he has the right to enter the house whenever he wants to, but I say no. I am also assuming that after being separated in NYS since April that it is considered a legal separation or am I totally wrong on this one? We live in Warwick NY, are you close for a consultation? Thank you.

Answer:


Until you formally file for a legal Separation and it is filed with the County Clerk ,you are still considered married and all of your
Earnings and acquired property are "Marital Property".
The fact that you are not living together in the same house for 2 years is not determinative of your marital status.
As such, the marital home is half his and he has a legal right to enter it until you get a Court Order giving you title to the house.

If you are located in the NYC metro area, please call me to arrange for a meeting to discuss the matter at greater length.

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