Question #53

⦁ You do not need your husband to deed the property to you to secure payment. You have asked them to transfer the property to you when you need a security interest in the property, not ownership of the property. You should have requested from him a first mortgage on the property as security for the payment of the settlement arrangement. From the type of question you are asking, it seems that you have not begun an adversarial court process yet. I believe that mediation could be beneficial in your situation, and I strongly recommend that you contact an attorney-mediator in your area.

Question #58

You did not indicate what state you were located in. In New York, which is an “equitable distribution” state, assuming you acquired the house after your marriage, your spouse would be entitled to half the net profits from the sale. However, you may be entitled to compensation for your separate contribution of home improvement costs and other amounts of money invested by you in the equity of the house. I strongly suggest you consider divorce mediation to resolve these and other matters outstanding (e.g., spousal support, division of other marital assets such as retirement accounts, etc.). If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss further.

Leonard M. Weiner, Esq./Divorce Solutions

Question #59

If you have a legal separation, you should review the terms of the separation carefully. Generally, the acquisition of property by each party is expressly discussed and usually provides that the other party will not have a claim to such property. Did you have an attorney prepare the separation agreement? Consult him/her to be sure. If no such provision is included in your separation agreement, you may wish to consider having another relative such as your mother become the acquiring partner until your divorce is final. If you are located in the NYC metropolitan area, give me a call at 212-370-1660 to discuss properly documenting your divorce, so such issues are taken care of before they arise.

Leonard M. Weiner, Esq./Divorce Solutions

Question #61

If the house was your property before the marriage and remained in your name after the marriage, it is individual property and not marital property, and it belongs to you alone. You would be entitled to approximately one half of his pension earned during the marriage. He would be entitled to one half the money in the savings account, which was made during the marriage. If you are living in NYC, please call me at 212-370-1660 to discuss mediating the divorce. I can help.

Leonard M. Weiner, Esq. / Divorce Solutions