FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 10

Nov 27, 2018

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 […]

Nov 27, 2018

Question #225:In a divorce, what are the percentages in NY my wife is entitle to from my 401k? Thank you Leonard M. Weiner, Esq./Divorce Solutions

In general, under NY’s Equitable Distribution Law, a spouse is entitled to approximately 50% of all marital property regardless of in whose name the property is held. That portion of your 401K that was earned during the course of the marriage is marital property.

Nov 27, 2018

Question #224:If I am seeking a divorce, and we have two houses. One we purchased when we were married, and the other was given to me in my mother’s will, in 2004. Can I keep my mother’s house and he keep the one we owned together. He hasn’t paid bills in the other house nor my mother’s house. He only pays the gas and insurance and wear and tear on the car. He uses the car for work and sometimes to take his mother shopping and etc. plus sometimes takes me shoppng, but many times I go with my shopping cart. He has two cars also, and has bank accounts with his mother as the beneficiary. I have checking accounts to pay bills, and am currently unemployed since last May. I have a tenant which helps me pay the bills in my mother’s house. He starting paying the bills which is only the electric bill in the other house, plus the phone bill, as I can’t pay everything like I used to. I do photography for very little, as it pays some of the groceries. He is threatening me that he is entitled to everything. We live in my mother’s house because the other house caught fire in October, and will be fixed real soon. Is he entitled to everything including my parents home? Alll I am asking is my parent’s home as my mother wanted me to have it, and I was raised there. He is threatening to take me off the medical insurance from work. I am diabetic and need medication to surviive. When I was working I had to pay extra money for him to get secondary medical. Any help you can give I appreciate it.

In order to properly answer your question I will have to see the Deed to both properties to determine who the legal owners(s) is (are). If you received your mother’s house as an inheritance and kept it in your name only, it is not marital property and your spouse has no ownership interest in it. […]

Nov 27, 2018

Question #223:We both got married in new york and now he has moved to Florida. We have been married for 11years and separated for 8yrs (not legally) I would like to file for a divorce but the only thing he has suggested is uncontested divorce but at this time I know he is hiding a lot and does’nt want me to know anything,as he keeps on pressuring me to sign papers but dont want me to read anything which I have refused. He is a lawyer but at this time I dont know if he is practicing in Florida My question I would also like to file for alimony support,but how do I go about doing that as at this time I need some finincial help in order to support myself and be able to go back to school to help me better. I don’t have any money only bills and can barely keep my head afloat. Is this something I can do myself, but how does he get served since he lives in florida and how do I find out about what he is doing as the man is very secretive and has mentioned that he will not give me anything. Please Advise

You can sue him for divorce in NY and he will be required to complete a sworn affidavit outlining all of his assets and liabilities. If you cannot afford to pay for an attorney, the court will make him pay for your attorney as well. In a marriage of 11 years, you should be entitiled […]

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 […]

Nov 27, 2018

Question #221:I live in upstate New York. We have been married 8 yrs, we have a prenuptial I think is invalid. I had no attorney and was presented the papers 10 days before our marriage and never even saw any 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 which we have not mortgage for. I have paid all the househould maintenance bills and contributed to the raw material of the new house. I have recently been put out of work on social securtihy disability to never go back to work, he made 138,000 last years, but says I am entitled to nothing. We have no children together. Please advise.

There are two basic issues here. 1. The division of marital assets and whether the house is considered a marital asset. 2. Whether you are entitled to spousal support. In order to properly answer these questions I would have to examine the prenuptial agreement that you signed , and to find out more details about […]

Oct 31, 2018

Question #220:My wife and I are thinking of a mutual divorce after having lived separately for 2 years in NYC. We are both Asian Indians by origin and we were married in India in 1998. We own an apartment and we are both title holders. What’s the divorce process in NYC , how long would this roughly take if it is mutual consent, and how much would it roughly cost? Also, what exactly does equitable distribution mean ? If I sell the apt. before the divorce process starts, would the proceeds count in the equitable distribution? Can we mutually decide the distribution of assets without involving the law?

If you are both living in New York for 1 year, NYwill have jurisdiction over your divorce, regardless of where you were married. Equitable distribution means that generally, all property earned or acquired during the marriage other than by gift or inheritance, is considered marital property and will be generally divided in half , regardless […]

Oct 31, 2018

Question #219:My friend was married in Florida in 2003. She left her husband (cruel & inhuman treatment; verbal & mental abuse) and came back to NYC in 2005, he still resides in Florida. She now wants to file for divorce, can she do so from NYC?? And will there be a problem since she technically abandoned him? Is he entitled to alimony? Is she entitled to alimony?She does not work and receives a government check for disability. We would appreciate any help….thanks!!

If your friend is living in New York for two years or more she can file in New York. The fact that she left him to go back to New York , will not affect the cruel and human treatment grounds. With regard to who is entitled to alimony , a more detailed understanding of […]

Oct 31, 2018

Question #218:My husband had an affair in 2005 a month after my dad passed away. He lived with me, but continued to be with this girl he works with, until Sept 4, 2005 and then left me and moved in with “the girlfriend”. We are not legally separated and he only pays me 502.00 every paycheck (per his lawyer) for child support. He has not paid anything for the mortgage or a loan that is in both of our names. I am falling farther and farther behind in these payments. Is he responsible to pay for them since he abandoned me and our 2 sons? If so, how do I go about it? I feel my lawyer is not working for me and am in pursuit of another. My husband is a big control freak and for doing what he did, I feel everything is going his way. HELP!

Your attorney should have filed in Family Court for maintenance and support , which would provide support for you and your child. In order to determine how much your spouse should provide, he will have to produce a sworn net worth statement and past tax returns. You will also have to provide a sworn net […]

Oct 31, 2018

Question #217: I am writing on behalf of my cousin, he has been seperated for a few months(less than 4) and is now thinking of purchasing a home if he does is this still considered community propery. He is living with a friend and wants a place of his own, but is not sure if the court will take it away and give half to his ex who has custody of his 2 children and does not work, please if anything will affect him let me know, and if he should wait til everything is filed please give us your opinion as well.

Did he enter into a written Separation Agreement prepared by an experienced , matrimonial attorney? To properly answer your question, I would have to review the Separation Agreement . Until he gets a legal opinion , he should hold off taking title in his name . Give me a call at 212-370-1660 to discuss the […]

LEONARD M.WEINER, ESQ, Ph.D.

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FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #225:In a divorce, what are the percentages in NY my wife is entitle to from my 401k? Thank you Leonard M. Weiner, Esq./Divorce Solutions