Question #237: Me and my husband have been married only a year. We are talking divorce. We have a nine month old son. Everything we have is in his name. He never would put my name on anything after I asked him to. Do i have to leave with my son and find a new home or am I allowed to stay here and raise my son?

You do not indicate what state you’re located in, but in the State of New York, which is an “Equitable Distribution” state, all funds or property acquired during the course of the marriage regardless of and whose name such property is held is considered marital property and is generally divided in half. Thus, if the property you are living in was acquired during the course of the marriage with funds acquired during the course of the marriage you will have an interest in that property. If the property was acquired prior to the marriage, and is held in your spouse’s name, the property is separate property and belongs exclusively to him.
Even if the property is his, however, since you have a young child at home, a judge may decide that you can remain in the home until the child reaches majority.
I strongly suggest that you consult with an Atty. experienced in matrimonial matters in your jurisdiction who can assist you.

If you living in the New York City metropolitan area, please call me to arrange for an appointment to discuss mediating your divorce.

Leonard M. Weiner, Esq. /Divorce Solutions

Question #234:I have only been married for two years. I have two children and he has two and we all live Together in my husband’s house that he shared with his previous wife. We are having major issues and I don’t know what to do. We live out in the country around his family. All my family live out of state so I don’t really have a place to go. I left the house this weekend because my husband and I got into a heated argument and he had disabled the van I had been driving so I couldn’t go anywhere. I called the police and they came out to the house but by that time he fixed the van. Both of our young kids were crying, it was awful. He told me that I couldn’t come back to the house. My belonging are there. Does he have the right to change the locks on me? Can I call the police again before I go back? We have been staying in a hotel but money is running low. What are my rights as his wife although my name isn’t on his house. Can he just put my kids and me out?

He has no right to lock you out of the house. You should call the police and insist that you be allowed back in to the house and ask for an order of protection to keep your husband away from you and the kids until you can work things out or decide to get divorced. The fact that you do not own the house
Does not mean you as a wife do not have a right to live there.

Leonard M. Weiner, Esq./Divorce Solutions

Question #228:I live in Long Island and have been married for 20 years. My marriage hasn’t been easy through the whole marriage. I have two children who lives with us, one is underage and the other one is 19. I have questions in how to start this process. I can say that I’m nervous about it because I might be left with nothing. He has kicked me out of the house every time we argue but many of my friends tell me he can’t do that. He makes good money, the house is under his name, and he pays the mortgage. He has mentioned that the house is under the kids, including my step son. I am on Social Security Disability for about 5 months. Can he throw me out of the house? Will my younger child receive any money? He said I will not see a penny, meaning no alimony. I just want to leave this house and find an apartment for my kids and I but I don’t have the money for it. If he sells the house, will I get anything. I have no money saved because he has told me I have to pay the gas, light, car insurance and the phone bill which hardly leaves me with anything. What are my rights? How can I start in finding out in starting a divorce process. I am afraid because he has told me i will not receive a penny from him. Please tell me what can I do?

Let me start from the beginning. First, your husband has no right to kick you out of the house. In the event that happens again call the police. If he becomes violent you can ask for an order of protection and he will be forced to leave the house, not you. Under no circumstances should you suffer or allow yourself to be physically abused. If he has been supporting the family, the court will force him to provide you with child support and spousal support in order for you to pay your bills. Do not listen to what he’s telling you regarding his not paying any alimony. If the house is marital property, which means it was purchased in the course of the marriage with funds earned during the course of the marriage, and not a gift or inheritance, purchase would money he had prior to the marriage, you should have approximately a 50% share in such property, regardless of in whose name the property is legally held.
If you are living in the New York City metropolitan area please call me at 212-370-1660 about mediating your divorce.

Leonard M. Weiner, Esq. /Divorce Solutions

Question #128:I live in NY,married 7yrs,children 6 & 3-stay at home mom for 3 years. I will have custody of children,we are all living in our current home. My husband wants the divorce & does not want to move out,he wants to buy me out of home. Do I legally have the right to stay in our home with children and have him move out .Alot of people tell me that I can stay in home with children. Will he have to pay mortgage &taxes ??

Since the children are so young, if you were selected by the court as the residential parent, the court would allow you to remain in the marital home until the youngest child reaches majority, which is 18 years of age. Whether your husband would be required to pay for the mortgage and taxes would depend on your relative incomes. If he has been and continues to be the sole provider then he will be required to provide not only child support but some form of spousal support to you as well until you are able to get on your feet and acquire the professional skills to become self-supporting.

If you’re living in the New York City metropolitan area, I strongly suggest you call me to discuss mediating your divorce. My number is 212-370-1660. In mediation and you’ll be able to resolve these issues together with your spouse and the quiet of my office instead of having to spend hours a sitting in the courtroom corridors and having a judge impose a settlement upon you .court.

Leonard M. Weiner, Esq./Divorce Solution

Question #83: My husband and I have been married for 2.5 years and we have a 4 month old daughter. My husband has not worked in a year and I have been paying his child support for another daughter he has as well as the mortgage and all of the bills for some time now. He can work, he just isn’t right now, and if the child support isn’t paid his license will be suspended. We live in NYS, is he obligated to continue to pay child support even though he doesn’t have a job right now? Also, his name is not on the deed or mortgage, can I make him leave the house if we are not divorced yet?

He is obligated to pay the child support until he receives an Order from the Court changing the terms of the the original Order. If he has been trying to find work and has not been able to do so, he can make a motion to the Court to lower his payments.
If he just quit his job and is not trying to find work, he will have a hard time convincing the Judge to lower the payments.
With regard to your second question, although his name is not on the deed, he may still have an equity interest in the house if it was purchased with money earned during the marriage, even if you were the one who earned it. If it was purchased with money you had prior to the marriage, or received as an inheritance or gift, and kept the property in your name, he would not have an equity interest in the property. Nonetheless, until you receive an Order of divorce from the Court, he remains your husband and you cannot simply throw him out on the street, unless there is physical abuse which endangers you or the child, in which case you should get an order of protection and have him removed by the police.
Consider mediating your divorce. If you are in the NYC metro area call me at 212-370-1660 to discuss.
Leonard M. Weiner, Esq.Divorce Solutions