Question #147

Unless this is a case involving physical abuse, in which case I strongly recommend that move out of immediately, it would be most prudent that you remain in the house, especially if you intend to claim an interest in the house either by personal contribution or as a result of it being marital property. Before you make any decisions you should consult with an experienced matrimony attorney.

If you are living in the New York City metropolitan area, I strongly suggest you call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #151

Unless there is a problem with physical abuse, in which case I would suggest you move out immediately, it is best that you remain in the home until you have some written agreement regarding how the home/assets will be divided.

This should be incorporated in the Separation Agreement which will deal with all of the issues necessary in the separation process and will be eventually incorporated in the divorce papers.

As an attorney-mediator, I will draft the Separation Agreement and the Divorce Papers after we have discussed all of the issues and matters pertaining to the separation and divorce and incorporate those understandings in the agreement and papers.

Please call me at 212-370-1660 to discuss the matter at greater length and to arrange for an appointment.

Leonard M. Weiner, Esq./Divorce Solutions

Question #152

You should not have been so eager to sign over the property. You could have used that as leverage in order to have your husband assume the debt on the four wheeler and provide you with spousal maintenance.

I do not see any benefit in procrastinating the filing for divorce. If you are unable to pay for the divorce process, the court will require your husband to pay for your attorney’s fees. If you are unable to pay for health insurance, the court will require your husband to pay the health insurance costs
and provide you with some spousal maintenance.

Please beware however , that if you are living with another man, your husband may not be required to provide spousal maintenance to you.

Leonard M. Weiner, Esq./ Divorce Solutions

Question #203

Generally, she can use anyone she wishes to represent her, even a family member. You must find legal counsel in your area, experienced in matrimonial matters, to represent you. Do not leave the house until all issues are resolved and do not go it alone!

I strongly suggest you try to mediate your separation with an experienced matrimonial attorney-mediator.

If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #261

Check with your local land recording office to see exactly how the property is held.

You can check by your name and your husband’s name or by lot and block number.

If you move out w/o an agreement in writing, you would be abandoning the marital home.

Do not leave the house until you have settled the ownership issue and have an agreement in place regarding the division of your marital property
And the divorce.

Of course, if there is physical abuse involved, you should leave and deal with the problems of ownership later.

If you are living in the NYC metro area, please contact me to discuss mediating your divorce.

Leonard M. Weiner, Esq/Divorce Solutions

Question #297

You should not leave the house until you have resolved the financial division of assets and spousal support. If you own the house, leaving it before there is a written agreement regarding the finances may jeopardize your ability to force a sale of the house or to have her move out to sell it.

Leonard Weiner, Esq./Divorce Solutions

Question #96

As long as you maintain the estate property (including any cash, stocks or other financial accounts) in separate accounts and not co-mingled with your marital accounts and assets, and keep the account solely in your name, they will remain separate property and not marital property, and not subject to division upon divorce.

I strongly suggest that you consider mediation in resolving your divorce. If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter in greater length.

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 #98 If a car is given to me as a gift by my mother while I’m married, can my husband have any claim to it whatsoever (monetarily or otherwise), if we divorce? (I live in New York.) 

In the State of New York, marital property is generally defined as any property or asset acquired during the marriage, regardless of whose name the property is held, except for property received by gift or inheritance. Therefore, if your mother expressly gives you the car, and the vehicle is registered in your name only. Your husband does not contribute to the upkeep of the car, the vehicle will be deemed separate property, and not marital property, and he would have no interest in such automobile in the event of a subsequent divorce.

Leonard M. Weiner, Esq./Divorce Solutions

Question #99

Property that is received by gift or inheritance and maintained in an individual’s name and not co-mingled with other marital property will remain separate property, and not part of the marital estate. Therefore, if you were to divorce from your husband, the property would not be included in the marital estate, and you would have no interest in it.

The only benefit you may have is that the court would take his assets, including this property, into consideration when determining child support and spousal support.

If you are located in the metropolitan New York City area, I strongly recommend you consider mediating the divorce by giving me a call at 212-370-1660.

Leonard M. Weiner, Esq./Divorce Solutions