Question #217: I am writing on behalf of my cousin, he has been seperated for a few months(less than 4) and is now thinking of purchasing a home if he does is this still considered community propery. He is living with a friend and wants a place of his own, but is not sure if the court will take it away and give half to his ex who has custody of his 2 children and does not work, please if anything will affect him let me know, and if he should wait til everything is filed please give us your opinion as well.

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

Question #191:I live in NY state. What happens if I buy houses and I am not legally separated from my wife. I left the house over 3 years ago because we had fights and I was asked by her to leave on several occassions. I finally left and have been taking care of my two daughters financially and physically (doing things with them as I had been doing when I was living there, they live with her). She make approximately 3 times of what I make. I filed for an uncontested divorce before I bought the houses, does she have any claim to them? Also, do I have to give her 25% of my gross salary, remember she makes 3 times the amount I do and her salary alone is well over $90,000.

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

Question #157:I live in New York. My boyfriend is married but separated and has a 9 year old Daughter from his marriage. He either got married in Boston, MA or in Long Island, New York, I’m not positive. He has been separated for about 5 years now. He has been living with me for the past 9 months unemployed, therefore he did not contribute to any bills. He recently started working and we are thinking about buying a 2 family home together. He has no savings so I’m using my savings for a down-payment, closing costs, fees, etc but the house will be purchased with both of our names and credit. I am afraid that even though he is looking into getting a divorce we can close on the home before his divorce goes through. If this happens, Will his wife (and his Daughter) be entitled to any part of this home, God forbid he dies prior to the divorce, or even if he does not die, if God forbids his wife finds out he purchased a home with me during their divorce proceedings and decides to get half upon the divorce. He has not paid child support for the past few months since he did not work for 9 months. He is looking to get divorced, pay child support and get joint custody for his child. Should I wait until the divorce is final? If so then we may pass on a good deal we found on a home. When we do purchase this home. How do you suggest we purchase it since we are not married and have no kids together? Please Help!

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