Question #89

Any asset, including money received by inheritance and kept separate in the recipient’s name, is separate property and not marital property and is not subject to equitable distribution upon divorce.

If your parents live in the NYC metro area, please have them call me at 212-370-1660 to discuss mediating their divorce.

Leonard M. Weiner, Esq. Divorce Solutions

Question #97

You have the exact right idea! As long as you keep all of the inheritance, including all assets, stocks, money, etc. inherited in separate accounts, not co-mingled with your marital assets, and keep them in your name, those assets will remain separate property, not marital property. They will not be subject to division upon divorce in the State of New York.

If you do decide to divorce, I strongly suggest you mediate such a divorce; if you are in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter in more detail.

Leonard M. Weiner, Esq./Divorce Solutions

Question #140

I believe your situation is ripe for mediation. You should engage in an experienced attorney-mediator who can draw up the Separation Agreement which should provide for retaining the home as “tenants in common” instead of “as husband and wife,” but which will allow your wife and children to remain in the home, and for you to continue your ownership interest in it. Provision should be made in the Separation Agreement for the children to be the beneficiaries of you Will and to receive your interest in the home if you die before their maturity.

The Separation Agreement should also provide that each may live separate and apart and conduct his/her life as if they were unmarried.

Concerning the question of inheritance, inheritances are not considered “marital property” if they are kept separate from the other marital property and maintained in the beneficiaries’ names only.

I would be happy to discuss with you both the drafting of the Separation Agreement, and to that end, please give me a call at 212-370-1660.

Leonard M. Weiner, Esq./Divorce Solutions

Question #309

The source of the “windfall” (i.e., was it an inheritance, lottery winnings, etc.) is very important to determine if your spouse has an interest in those funds.

Please call me at 212-370-1660 to arrange for an appointment to discuss this matter in greater detail.

Divorce Solutions
Leonard M. Weiner, Esq.

Question #325

Do Not Sign the Papers! Unless you had a legal separation 18 years ago, you are still legally married. Any property or asset, including your spouse’s retirement account, is a marital asset, to which you would be entitled to a share. Any inheritance he received, if kept in his name only, is separate property, not marital.

Consult an experienced matrimonial lawyer in your jurisdiction and seek his advice.

Leonard Weiner, Esq./ Divorce Solutions