DIVISION OF MARITAL ASSETS

Nov 27, 2018

Question #328:Hello, Not sure if you can offer any solution. Me and my husband got married in India. it was an arranged marriage. At the time he was a resident of NY and I lived in India. Now both of us are US citizens. We have two children together one is 23 years and the other is 11 years. His parents lived with us. I underwent a lot of mental torture at the hands of my husband and his mother. It was only after the birth of my second child and some counseling that I realized I was being abused. I was a well-travelled socially active person but over time became into a person with inferiority complex. I used to be scared of going back home after work every evening dreading who would pick a fight that day the husband or the mother. Even though I worked full time and made the maximum income in the house the parents controlled both our incomes. They forced me to deposit the money in a joint account which had his father as the primary account holder. The husband never backed me up and insisted that I follow their rule. In fact any monetary gift, material gift that was given to me by any friends or family his and mine were taken away by his mother and he was ok with that. He was a heavy gambler and I have been under burden of his gambling debts. He has even been caught stealing at places of work and constantly lost his job. Due to this the parents made me feel that I would never be able to make it in this country as a single parent and constantly refused to let me leave. The family took money from me for their business but until today I have not seen a penny returned ,mother kept on saying I should not worry and she would support me and my children and was taking my salary so she could save for our future. Of course till today I have not seen any of that monetary support, even when she knew I had no job for almost a year and was struggling to put one child through college. I have been supporting my two children all their life. In fact when my children were born neither the husband nor the parents were present. during my 1st child I was alone and during the 2nd child my 1st born was with me in the hospital. My OB/GYN doc did not see the father even once when I was pregnant the 2nd time round. However my children are both very happy children after I have moved out. There is a property that was bought during the period when we lived together but his parents forced me to put their name on the property as co-owners. His name is not on the property. He and his parents still live there We both still reside in NYC. My two children live with me. There is a property that was bought during the period when we lived together but his parents forced me to put their name on the property as co-owners. His name is not on the property. He and his parents still live there and I want to ensure that me and my children get their rightful share of the property. When we were together we had nothing together. Not even a bank account. If I wanted to file for a divorce in the country of marriage can I do that and will that divorce be valid in NY state. If it would get accepted will I be able to get at least 50% of the property if I file a case against them in NY state after the divorce.

You appear to have significant property rights in the properties on which you are named as co-owner. You also must file for divorce where you are living, not where you got married. If you are living in the NYC metro area, please contact me at 212-370-1660 to arrange for a meeting to review your situation […]

Nov 27, 2018

Question #301:We live in NJ. I have been with my boyfriend for 3 years now and he has been separated, not legally separated, from his wife for about 8 years living separate lives but stayed in the same home so they could both raise their 3 children who are now 9 in school, 15 in school, 19 not in school but works fulltime. He finally moved out a year ago but still has not gone to get thing legally processed because he feels bad for her and she keeps telling him she has no money for a lawyer and that she is going to get more money as alimony, since they are married 20years, if he divorces her so to just keep living separately and just keep paying her $600 a month child support and that I the girlfriend should be understanding and not force him to divorce her. She texts and calls him throughout every day and not about the children it’s about personal info and wanting to know where he is and what he’s doing and how his day is, as if they are still together and it drives me crazy and our relationship is taking the heat for it because we constantly fight about her needing/wanting to stay so involved in his life. He only makes 46k a year and I think he is paying way too much child support. And now he wanted me to co-sign on a bike loan because his “wife” destroyed his credit and I agreed as long as he signed a Contract Agreement with me so I don’t get screwed should something happen to our relationship, or to him, or to me, and to write it out that the bike can NOT be used as a dividable martial asset when he finally gets divorced. I was trying to protect myself and us, but he became furious with me. His “wife” claims she will not go after the bike in the divorce. But those are just words and she already stole and cashed the tax check that they filed joint taxes in 2013 and lied that the check never came until he finally tricked her into confessing it to him last week. I don’t know what to do. I don’t think I was wrong to ask for the Contract Agreement and I don’t know if that would ever hold up in the divorce or if she can still get 1/2 of it. Also just asking if his child support is too much he is paying out because between that and rent and his own bills he doesn’t even have enough to go grocery shopping for himself every month and its falling on me to support him while he’s still supporting his “EX” wife. Any advice would greatly help me PLEASE!!!!

Have him transfer title to the “bike” to you. Or in the alternative, file a lien w/ the Motor Vehicle Dep’t on the bike. Do not rely on any “ Contract Agreement”. Sounds like you need to make him decide whom he wants to share his life with. Good Luck! Leonard Weiner, Esq.

Nov 27, 2018

Question #291:My husband and I were married in California in May 2010. We bought a house in NY state, and currently reside there together, but are separating. He is moving back to California, and I will remain in our home in New York State. We may decide to get a divorce. Where should we file for that once we’re ready? I’ve noticed that New York State requires a separation agreement first. What legal steps should I be thinking about right now? Thank you!

If you have lived in NYS for over a year you can file I n NYS. You should start removing yourself from all joint accounts and credit cards in which you are liable. Loans etc. as well as collecting all your marital financial documents , bank statements, brokerage statements, 401-k’s etc. Give me a call […]

Nov 27, 2018

Question #238:My ex husband and I divorced in 2004. Everything was very simple, and nothing was mentioned as far as future marital assets. I continued to live in the apartment we shared after he left (he left in 2003) and just moved in September of 2009. The problem is this- the property manager in the former apartment changed 3 times since my husband left, and they failed to change the name under which the bank account was created, which held the original security deposit. My ex said time and time again he anted nothing. Now 5 years later, I tell my newest property manager I am moving, and I am told the security check will be in my ex husbands name. I speak with him regarding this, explain the errors, and he states “that’s fine, just let me know what and where I have to sign” now3 weeks later, the check has arrived in his name, he and his new wife just bought a town house, and he is claiming he never said that and is entitled to half, plus interest. Mind you- he has not paid child support or alimony, yet believes he is entitled. I know I should have had him sign something, but hadn’t. Is he entitled to half? Should this have been spelled out in the divorce agreement?

Obviously, this matter should have been addressed in the Separation Agreement when you got divorced. In order to know for certain whether it was in fact addressed in a general way one would have to review the terms of the Separation Agreement carefully. There may be a provision regarding marital funds or property, of which […]

Nov 27, 2018

Question #222: My question is what are marital assets? I have no issue with physical possessions and those can be divided equally. My problem is that my wife refuses to engage in sexual relations with me and I am very tired with this issue. If she no longer loves me then I can live with that. Can I divorce her on that issue in the state of new york? I live in Upstate area and would like to know. We have two children together who are 7 and 9. We both earn equal amount but seem to no longer love each other and that issue is spilling over into our relationship with our children. Thanks.

Generally, marital assets are any assets or money earned or acquired by either party during the marriage regardless of in whose name title is held except for gifts, or inheritances which are kept in separate accounts and not commingled with marital assets. If one party refuses to have sexual relations with the other party for […]

Oct 31, 2018

Question #207: I live in NJ with my two sons, ages 8 and 5. My husband moved out of our house nearly two years ago and rents a cheap apartment in NYC. Neither of us has filed for divorce yet nor do we have a separation agreement, though divorce is imminent. We will be married 10 years in October. He continues to support us, paying for the mortgage, bills, etc. He earns $130,000/yr, I earn $30,000/yr working part-time so I can care for the children. All of our property and bank accounts, etc. are still in both names and we pool all of our money to pay all bills, including his apt. These are my questions: 1. Neither of us had any assets when we married, however he entered the marriage with approx $80,000 in student loan debts from his undergrad and masters degrees. We paid off the debt together from our joint income (at the time I was earning more than he was). When our assets are divided at divorce, will that $80K be considered separate debt for which he’ll have to reimburse me my half? 2. Also, in terms of gaining a more favorable settlement, should I try to stay married up to the 10 year anniversary? Will this affect alimony? I’ve heard that 10 years is the least amount of time to consider permanent alimony. But I’m starting to feel anxious for closure. 3. Assuming we file in NJ (we were married in NY and lived there for five years, then five years in NJ), is it in my best interest to file based on adultery (which he committed) or desertion (I opposed the divorce and his moving out) or does it not make any difference in the settlement if he just files a no-fault? We do plan to mediate, but I’d like to know what the likely results would be in a courtroom. Thank you for any advice.

With regard to your question relating to the student loan, the answer will depend on whether the studies for which this loan was borrowed resulted in a degree and whether that degree provided your spouse with the ability to get a license to practice his profession. Thus the answer will require more in-depth analysis of […]

Oct 31, 2018

Question #206:In 1995 my parents split and my mom filed for a legal separation. She was not in love with my dad any longer and told him. She served him papers for a divorce but he never signed them. He was still in love. He works for Verizon and for years gave her 300 dollars a week, i am 1 of 3 children. He also split his stocks with her, but for at least 7 years he was giving her 1200 a month. Heres the Million dollar question.: 1- My father has worked hard all these years and at 66 is going to retire has to sign the divorce papers now. Techincally he is still married to her. Is she still entitled to 1/2 of what he has? I kinda think it is unfair. I love them both, but there is a house worth atleast 800k which he does not mind splitting, but there is a pension also. 2. My mom is being a bit greedy and mean, saying she is gonna get what she is entitled to. Now, I know that since she wanted a divorce she has had a boyfreind and she might have had one before, I do not know. But what I do know is she has one and definately has had one since the separation. Can having a boyfriend when separated lean better towards my father not giving her as much. Like I said, I love them both, but during these years, my mom has torn this family and try to blame it on my dad. I appreciate any knowledge you can give me in helping me make my mom not as greedy.

You say that your mother filed for a legal separation. Was that separation ever completed? Did you parents enter into a Separation Agreement which both of them executed? Or, was there an order of the court confirming the Separation? If in fact there was a legal separation, the separation most likely addressed the issue of […]

Oct 30, 2018

Question #145: My husband and I have been married for 25 years and I had known him 4 years prior to that. I am 45. We have been separated for nearly 2 years. I left the home in TX and reside in our joint home in IL. I left for emotional abuse issues as he wanted an open marriage and I did not. We are on very good terms and have substantial assets. Neither of us want to disrupt our marital assets but due to my religious beliefs, I think divorce is necessary. What options are available to keep the real estate, stock, stock options, bonds and investment accounts uninterrupted while still attaining a divorce? I appreciate your time greatly!

What you must do is enter into a written Separation Agreement in which all of the property will be delineated and divided as you both agree upon. This can be done through mediation in which we would first make an accounting of all of the marital property ,the value of each item, and then discuss […]

Oct 30, 2018

Question #131:OK, complicated question. First background: 1) Married for 4.5 years. 2) Own apartment in manhattan in wife’s name. 3) She has been mostly there since 2000. 4) I rent in California. 5) She hasn’t worked for a year and a half, but made a lot of money before the market crashed. She’s been living from that. 6) She has admitted to cheating on me several times since married, and has promised each time to stop. 7) I have some of her emails that support this. 8) I have some proof and believe that she has had an ongoing intimate relationship for the last several months with a person that I know the identity of. 9) I have her admitting to cheating on me within the last “couple of months”. 10)We were married in Nevada, but had residence in Califronia together from 1998 until 2000 and were married in 1999.

You can file either in California where you have been living for over a year or in New York, where your spouse has been living for over one year. Since the apartment is located in Manhattan, it makes more sense to file in New York where the decision of the court will be able to […]

Oct 30, 2018

Question #102:my wife and i are have been separated for a year—-we have three children–17–14–12—–we have been married for 19 years—she resides in ny with my 17 year old—my 14 and 12 year old live with me—-i live with my two children in pa—-i lived in pa the last year —we want a divorce —-what state would be better to divorce in—she never worked—i paid for everything—what will she be entitled to—i am a school teacher for 24 years–i will be teaching in pa this year—pension–retirement–percent of salary——please advise thank you—-

Since your wife is living in New York State for a number of years with one of your minor children and you are living in Pennsylvania for approximately one year , it would seem best to file in New York. She will be entitled to approximately one-half of all of the marital assets, which include […]

LEONARD M.WEINER, ESQ, Ph.D.

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