Marital Property

I live in upstate New York. We have been married for 8 yrs. We have a prenuptial, I think, is invalid. I had no attorney and was presented the papers ten days before our marriage and never even saw an attorney. There has been documented domestic violence. My husband bought the land with an old house on it before we married. We knocked down the old house after we were married and built a new house in which we have no mortgage. I have paid all the household maintenance bills and contributed to the raw material of the new house. I have recently been put out of work on social security disability never to go back to work, he made 138,000 last years but said I am entitled to nothing. We have no children together. Please advise.

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We been married for 24 years in Wisconsin; things aren’t going so well anymore in our marriage. I want to get a Legal Separation to see if we can work through our marriage. He came to me saying he wants to sell our home that we have resided in for 19 years and move to Georgia, because the cost of living is cheaper. He knows I’m going for separation, and I think he wants to get a hold of the house money first. What should I do? And can he sell the house during a Legal Separation? Thank You.

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My mother passed away in 1999, and my father remarried about three years ago. We all live in NYC. My father has a Mitchell lama Co-op apartment that has had since 1986. It’s in his name as are all the bills. He put his wife’s name on the affidavit just in case something were to happen to him. I think you see where I am going with this. If they were to divorce, and I hope they do, would she have a claim to the apartment? They are both retired, and he makes slightly more than she does. If she had to, she would not be able to afford the apartment’s expenses. He would be able to and was doing so before she came into the picture. Please help. Thank you.

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My wife and I have been separated for 15 months, and we met with a court referee this week. She suggested that the house be put on the market as soon as possible to get the asset’s maximum value. What can I do if she does not put the house on the market? Do I have any recourse? She is going to wait until the last minute. She does not want her life to change at all (except for me). Can any penalties be imposed upon her like less distribution?
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My wife of 11 years and I have a 27-year old daughter and live in NY. She makes considerably more than I do. I lost my restaurant job in Oct., and she gave me an ultimatum since my career in the arts, and the fact that I can’t land a steady writing job has not taken off. She gave me six months to find a job that pays at least $45,000/year, or I have to leave. The six-month mark is next month, and I haven’t found anything yet. I’m sure if I move out, the next step would be divorce. We are putting our co-op on the market next month. Would I be entitled to a percentage of that sale? If I don’t get a job and my unemployment runs out, ironically, I would have to rely on that for child support payments. And how much child support would I have to pay? Forgive my naiveté, and please keep this anonymous. Thanks so much

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My ex-wife and I divorced in Louisiana in Dec 2011. She remained in the home we jointly mortgaged. We still live in Louisiana, and in the divorce decree, we were granted an equal and undivided one-half interest in all community property. (Blanket statement, no specifics). I recently attempted to seek financing for another home, but I was denied it, as I am still liable for the previous house. So I asked my ex-wife to refinance the home in her name, and I would not seek my interest in the home until she sells it otherwise. Now at the closing bell, she has presented me with a Quitclaim deed which reads: “(me the seller) who declared that for and in consideration of the price of One And 00/100 Dollars ($1.00), cash in hand paid, receipt of which is hereby acknowledged by seller. Full acquittal and discharge therefore given, the seller does hereby sell, transfer, assign, quitclaim, remise, release, and relinquish unto Purchasers, all of the rights, title, and interest which said seller has or may have in and to the following described property.” If I sign this quitclaim deed, do I relinquish my rights to the divorce decreed equal and undivided one-half interest in all community property, namely my interest in the home?

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My daughter lives in Staten Island, NY. She is getting divorced and would like me to buy her husband’s interest in the house. I live in NJ. What is the proper procedure to follow?       

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