Question #214: My husband and I were married in Jamaica seven years ago. We live in New York State. We purchased a home together with his name on the deed and mine is not. I want a divorce due to emotional, verbal, and you physical abuse. He threatens our marriage is not legit due to emotional out of country and because my name is not on the deed that I will not be entitled to the house and/ or any portion of it and any monies that are put into his 401K and other retirement savings. Is this true? His earnings far exceed mine by 2/3. We do not have no children together and I have a 20 year and old in college . Thank you so much for your help.

Do not listen to your husband’s threats. NY recognizes foreign marriages. If the house was purchased with funds earned during the marriage or the retirement account was acquired during the marriage, they are “Marital Property”, regardless of in whose name they are held.
In addition, he should have to provide you with some form of spousal support for a given amount of time.

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss mediating your divorce.

Leonard M. Weiner, Esq./Divorce Solutions