Did he enter into a written Separation Agreement prepared by an experienced , matrimonial attorney?
To properly answer your question, I would have to review the Separation Agreement .
Until he gets a legal opinion , he should hold off taking title in his name .
Give me a call at 212-370-1660 to discuss the matter further.
Leonard M. Weiner, Esq./Divorce Solutions
Generally, the court will look to the date upon which the summons and complaint was served as the cutoff date with regard to determining marital property. However, in certain circumstances , the judge has the discretion to extend the date to the date of the filing of the actual divorce judgment is well.
With regard to your question regarding child support, the amount of child support is determined by a statutory formula depending on the number of children and the total income of both parents under $80,000 and over $80,000, regardless of the disparity in the incomes of either parent.
If you are living in the New York City metropolitan area . I suggest you call me at 212-370-1660 to arrange for an appointment to discuss mediating you divorce.
Leonard M. Weiner, Esq./Divorce Solutions
Until your boyfriend has a Judgment of Divorce, signed by the court and filed with the county clerk’s office, he is still legally married, and any property acquired during the course of his marriage with funds earned during the marriage are considered marital property. Therefore, if he were to acquire an interest in this property you are talking about as a tenant in common with you, that property would be subject to a marital claim by his wife.
The best thing to do is for you to do is acquire the property in your name and if you need the money from your boyfriend to purchase the property, borrow the money from him and give him a promissory note. You can also have a side agreement with your boyfriend, stating that upon his official divorce, he can convert the amount owing to him in the promissory note into an interest in the property.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length and to prepare the documentation.
Leonard M. Weiner, Esquire/ Divorce Solutions