Divorce Solutions

Jun 26, 2020

Question #58

After one year of marriage, my wife committed adultery and wants a divorce. We have no children. We own a house together that has no equity in it as I used a VA loan with no-money-down. I understand that she has no sufficient grounds for divorce. We are selling the house, and as it turns out, it will be a reasonably hefty profit. Since I believe her contribution to the marriage was minimal; she only paid her half of the mortgage, and I paid all other bills and substantially all home improvement costs, is there any advantage to delaying the separation agreement until after the sale of the house. Certainly, she’s entitled to some money, but I don’t want to give her half of the profit. It doesn’t seem very equitable to me. What should I do?

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Jun 26, 2020

Question #59

My state of residence is NY. After many years of living apart, I have finally taken the steps and have a legal separation with the goal of the divorce being finalized at the end of the year. My question is, I would like to purchase a new home jointly with another person. Since I am only in the separation stage, my partner fears that if something should happen to me, my “almost ex-spouse” would have claims on this home. Is this true? If so, what other options are there besides waiting until the divorce is final.

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Jun 26, 2020

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.

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Jun 26, 2020

Question #57

My wife and i separated a year ago, have 4 children ranging in age from 9 to 17, and have both names on the deed to our home valued at $500,000.i earn approximately $230,00/year, and my wife works part time earning $15,000/year as a teaching assistant. She gave up her career to take care of the children 18 years ago. My questions are:
i. how will child support be determined,
ii. Will her salary enter into it?
iii. Am I obligated to provide spousal support, if so indefinitely or until she can become financially independent.
iv. most importantly, the disposition of the house
v. is the maintenance and support of the house separate from child or spousal support
vi. Can I force her to sell it, or am i obligated to maintain her in the home as custodial parent until my children reach legal age?

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Jun 26, 2020

Question #60

After 20 yrs. of marriage and two children (ages 12 & 7), my husband wants a divorce. I have not worked outside the home since my 12 yr old was born. I know NYS allows 25% of my husband’s income for child support, but I would like to see if I can receive more money. Is it reasonable to expect my husband to pay the mortgage while my children and I live in the house, and if so, is this usually done until the children are 18? I would like to receive part of his profit-sharing account, stock options account, and retirement account, and can I receive part of the future value that will go into these accounts? Can I obtain full ownership of the house and give up my right to the retirement plan? I have no college degree and worked while he completed college and went on to get his Master’s Degree. Thank you.

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Jun 26, 2020

Question #65

My daughter is currently in the process of separating from her husband. She has an 18-month-old child. The divorce is her idea. Must she remain in her house with her husband until a separation document is filed, or can she move in with me with her child before filing the documents? The current way they are living is very difficult.

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Jun 26, 2020

Question #70

I have asked my husband to leave for a while until we can figure out what we both want. We have been married for three years. I don’t want my children to see how miserable we are together. We built a house while we were married, and everything is in my husband’s name because I stayed home for three years taking care of our children. I didn’t have an income to get credit. So everything is in his name. I wanted to know if I am entitled to our home and any savings that we have. I don’t want to move my children again. He won’t leave; he said he has too much invested in this marriage, but he will not go to counseling with me to try to work things out. I am from NY, and I just want to know what I am entitled to even though my name isn’t on anything. I am only working part-time now, and I cannot afford everything on my own. Please help me understand!

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Jun 26, 2020

Question #73

NYC residents: my wife and I got married eight months ago. I had substantial assets before our marriage, and I make about four times her salary. Before our marriage, we entered into a contract to purchase a home for which I paid the down payment. After we got married, I paid the remainder on the house with the assets I had before our marriage. Can my wife claim that she wants half the house’s value, even though it is me who paid for it?

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Jun 26, 2020

Question #74

Hi, I have been married for one year and three months. My wife is a student and does not work and make any money. After marriage, I bought an apartment with a substantial down payment. This was all paid for by the funds I had before marriage. I have been paying for her college education/living expenses for the last two years. If we are separated, can she ask for half of what I have?

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Jun 26, 2020

Question #77

I’m married for four years; my husband bought a condo just two weeks before marriage. My name was added on the title 1,5 years later. During the last four years, our condo got appreciation in about 130,000. We had the joint account opened before we got married, and then all the time, all the payments were made from our joint account, including mortgage payments. I’m working, and my paychecks go directly to our account. My question is: Can I claim an equity interest in the condo when it will be sold after the divorce? Thank you.

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