FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 3

Nov 27, 2018

Question #310:New York: My wife and I were married in June 2010 and I bought a house in June 2013 in my name only, both on the deed and the mortgage. My wife did not contribute to the purchase or the monthly mortgage in any way. We moved into the house in June 2013 and I moved out in July 2013. I filed for divorce on July 15, 2013. She remained in the house, but I solely pay for the mortgage still. We are trying to list assets. My question- Is the house considered marital property if she never contributed, nor is her name attached to it? If so, the equity in the house would be possibly divided between the 2 of us? Would that be the equity gained between June 2013 and July 15, 2013? Or from June 2013 until now? * we have no children. we both are employed and aside from living rent free since I pay the mortgage on my house where she lives, she pays her own bills and receives nothing else from me. I had to move out of state in December 2013 for work, but continue to own the house.

The source of the money you used to purchase the house is very important. Please call me at 212-370-1660 to arrange for a meeting to discuss the matter in length. Divorce Solutions Leonard M. Weiner, Esq. 212-370-1660

Nov 27, 2018

Question #309:Am married to my husband in New York City for 23 years. We’ve lived apart for 22 of those years. We do not have a legal separation agreement. We file our taxes separately. We have a 23 year old son. I do not have assets, just debt. I recently came into a financial windfall, is he entitled to half of this money? Can I go to a lawyer to have a post nuptial agreement which will award him some money but nowhere near what he would get if we went to court? If he accepts this agreement, can I also stipulate that he has no claim to anything else from me or whatever I may give to our son? He’s not a bad guy, just a deadbeat. He supported my son for the 1st 15 years of his life. That money went to education only. I assumed all other responsibilities.

The source of the “windfall” (i.e. was it an inheritance, lottery winnings, etc.) is very important to determine if your spouse has an interest in those funds. Please call me at 212-370-1660 to arrange for an appointment to discuss this matter in greater detail. Divorce Solutions Leonard M. Weiner, Esq. 212-370-1660

Nov 27, 2018

Question #308:Hello My wife and I are going to file for divorce, and I’m worried it will turn into a long legal battle. IF I open an irrevocable trust fund in the name of my children prior to the filing, and I do that with 50% of all of the cash we have now, could the court (in NY) then say that the money put into the trust was my half, and then my spouse would get all of the remaining cash? Or would the remaining cash be split in half between us? Thanks!

Yes, you run the risk that the Court will see the transfer as a way to avoid giving your wife her equitable share (which may not be half). It would be best to reach an agreement w/ your wife about how much to give to the children. If you are living in the NYC metro […]

Nov 27, 2018

Question #306:My mother in law lives with a man and has for many years. They was married at one time and after about a year divorced. A few years later they started living together again but did not marry. She lives on a family farm that she owns. She raises sheep and cows. He has nothing to do with that at all. He is not in good health and may have to be put in a nursing home and she is wondering if she is responsible for his care. Thanks for any advise that you could help out with. Appreciate the help!!

In order to properly respond to your question I would have to review the divorce settlement agreement and the Court Order. It would be advisable to have them enter into an agreement spelling out the financial responsibilities or lack thereof of each party in their relationship. If you are living in the NYC metro area, […]

Nov 27, 2018

Question #304:My ex and I 4 lots in New Mexico. I have paid taxes on it for 35 years, also made most of the mortgage payments myself. He now wants to sell it and split the profits. Does he have the right to collect?

Since title to the properties is held in both names, he has an interest in the properties. However, you can ask the Court to compensate you from the proceeds of the sale for all of the individual payments, such as the taxes, repairs, etc. that you made from your own money prior to distributing your […]

Nov 27, 2018

Question #302:I was wondering if you’d give me some legal advice. I’ve read many of your FAQ but can’t find one specific to my situation. My husband and I rented our family house in which we are both on mortgage and deed in September of 2012. In April of 2013 I moved back into the house by myself. So in all essence my husband has not lived there in over 2 years now. He keeps claiming he has the right to enter the house whenever he wants to, but I say no. I am also assuming that after being separated in NYS since April that it is considered a legal separation or am I totally wrong on this one? We live in Warwick NY, are you close for a consultation? Thank you.

Until you formally file for a legal Separation and it is filed with the County Clerk ,you are still considered married and all of your earnings and acquired property are “Marital Property”. The fact that you are not living together in the same house for 2 years is not determinative of your marital status. As […]

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 #299:I live in NY. I have been married for 38 years. My husband left the marital home claiming that it would be for a period of time to get a business out of state up and running. He advised me that the business purchased a house in Maryland for him to live and for the workers for construction of business, etc. It was also to our advantage for him to become a resident of Maryland as my son was in college and it provided in state tuition status. Always being told the business was having difficultly with start-up and it did not appear that the move back was in the near future. He then sold the house, which later I discovered was just owned by him, and relocated to Virginia as it was too much for him to commute to Washington, DC. During this time he would come back to NY for all holidays, some weekends, etc. He then sold the one place in VA and move to another. Then he claimed again too much to carry and was going to share with a male friend an apartment in DC. He had the accountant who took care of our taxes, who also is accountant for business had us file separately. I was on the payroll at that time at the DC store. He said the reasoning was to build my social security. I trusted and brought into the whole story line as my life was complicated by having fragile health issues, a dying parent, house fire and then being in charge of my mom’s estate took three years out of my life. He had always provided me with the profits out of one of the stores Upon receiving a check I found an addressed embedded into the check of an address I had no knowledge. After researching I found it was listed in his name and another woman. More searching found he owned two other homes and one attached to her name as well and a child that he fathered. He removed me from the payrolls and started providing directly for my support. It has been four years since all of this came to light. Our marital home he has promised that he would turn over to me…and of course I am always put at bay. He is a principal in a business with others. I have no clue where I stand to pursue a divorce. There is no legal separation agreement. Only an oral agreement of what he will provide financially. As now both of our health is not the best and he claims he has nothing anymore…I am becoming very concerned that he has transferred much funds to property, etc. in her name or the child’s name. She has relocated from the VA to FL within the last year. He claims he lives with a friend in DC, is in the process of selling a home in VA, he claims status of living in FL for tax purposes and present deed is showing his mailing address for FL. Where do I stand legally? My son recently has offered for me to come stay in an apt. he owns in NYC. I think it would be advantageous for me to make this move for health reasons, as well as the courts are more liberal than where I live if filing for divorce is the solution. I worry about my health insurance, as well as maintaining the house. It was always our wishes that the home went to the boys upon our demise and they spend much time with me there on weekends and it has always been there home. Your thoughts of what would be in my best interests?

You should contact him and tell him you want a formal divorce and a full accounting of all of his finances, including income ,expenses and assets and a formal Separation Agreement spelling out exactly his legal support obligations. If he refuses, tell him you intend to file for divorce in NY and that he will […]

Nov 27, 2018

Question #298:I am married 30 years and live in New York – In our marriage I purchased 2 homes – Last year, I changed the deed to my spouse’s name. I am entitled to 50-50 marital property once divorce is settled?

If the money you used to purchase the houses was from “Marital” funds, (money earned by either party during the course of the marriage, not from inheritance, gift ,etc.) the property would be considered Marital Property and generally divided equally, regardless of in whose name the property is held. If you are living in the […]

Nov 27, 2018

Question #297: I have been married for 19 yrs and my spouse and I have grown apart. We have a 21yr old son in college out of state. My wife is on social security disability and does not work, but I think she could if she wanted to. Before I leave our house I wanted to know if there were any legal ramifications of me doing this, such as, abandonment? We are trying to work out the separation but I wanted to make sure I’m not giving up any rights once I leave the house?

You should not leave the house until you have resolved the financial division of assets and spousal support. If the house is owned by you , leaving it before there is a written agreement regarding the finances may jeopardize your ability to force a sale of the house or to have her move out in […]

LEONARD M.WEINER, ESQ, Ph.D.

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FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #304:My ex and I 4 lots in New Mexico. I have paid taxes on it for 35 years, also made most of the mortgage payments myself. He now wants to sell it and split the profits. Does he have the right to collect?

Question #298:I am married 30 years and live in New York – In our marriage I purchased 2 homes – Last year, I changed the deed to my spouse’s name. I am entitled to 50-50 marital property once divorce is settled?