LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

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(212) 370-1660

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Question #61

I have been married since September 2000 and live in New York. No children. My husband and I are thinking of separating because we cannot get along. I have owned a house since 1990, and the deed and mortgage are in my name only. I also have my elderly parents living with me and help support them at times. My question is, will my husband be entitled to half of the house? He is telling me that I am not entitled to any of his pension because we would have to be married at least seven years. Also, I took out an equity loan to pay for our furniture and pay off his credit card bills. I did have him sign an agreement that he would pay me back if we divorced. But he is saying that he is entitled to half the money in the savings account. The loan and the savings account are in my name only. Please advise. Thank you. 

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

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