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 #333:



Hi
Me and my husband met and moved in together 12 yrs ago. Five yrs ago we got married and 18 months ago we purchased a co-op. I should better say HE purchased it because he paid for almost everything and he didn't put me in papers so I am not one of the owners. Lately our relation deteriorated considerably, he totally changed (since he got promoted at work) and I suspect he's cheating. He's barely home and he does not care anymore about me or the house. I maintain and take care of everything. Anyway, the divorce is on his lips all the time and although I don't want it seems to be the only solution. Problem is, my income is extremely low (about 3-4 times lower than his) and I could not possibly support myself. The question is, what will happen to me in the case of divorce? Can he kick me out or I have a right to this apartment? He pays the maintenance and mortgage, I contribute with other expenses as much as my income allows. Thank you very much for your time.


Answer:

You did not indicate what state you were living in and each state has different laws about marital property. In New York, which is an “equitable Distribution “ state and California which is a “community Property” state, all “Marital Property” , which is defined as property acquired during the marriage from funds earned during the marriage by either spouse, is generally divided equally, no matter in whose name the property is recorded. If your husband purchased the coop with funds he earned during the 5 years that you are legally married, you have an interest in such coop regardless of whose name it is held. If he purchased it with funds he had prior to the marriage, and kept the title in his name only, it is not marital property, and you do not have any interest in it.
In any case, however, you are his legal spouse and he cannot kick you out . do you have any children? That will also influence any judge who may be hearing the matter.

Also, any payments he is making from funds he is earning during the marriage towards his personal property, is marital funds and you deserve some compensation .

Good Luck!

Leonard Weiner, Esq./Divorce Solutions
Answer:

You did not indicate what state you were living in and each state has different laws about marital property. In New York, which is an “equitable Distribution “ state and California which is a “community Property” state, all “Marital Property” , which is defined as property acquired during the marriage from funds earned during the marriage by either spouse, is generally divided equally, no matter in whose name the property is recorded. If your husband purchased the coop with funds he earned during the 5 years that you are legally married, you have an interest in such coop regardless of whose name it is held. If he purchased it with funds he had prior to the marriage, and kept the title in his name only, it is not marital property, and you do not have any interest in it.
In any case, however, you are his legal spouse and he cannot kick you out . do you have any children? That will also influence any judge who may be hearing the matter.

Also, any payments he is making from funds he is earning during the marriage towards his personal property, is marital funds and you deserve some compensation .

Good Luck!

Leonard Weiner, Esq./Divorce Solutions
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