FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 30

Jun 12, 2018

Question #73: I have ask by husband to leave for while until we can figure out what we both want. We have been married for 3 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 marrage 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 can not afford everything on my own. Please help me understand!

Answer: In order to properly answer your question I must know what state you are presently living in, for how long are you living there, where were you married, and where do your spouse and children live. In NY or CA ,for instance, the fact that the house or other assets acquired during the marriage […]

Jun 12, 2018

Question #72: I’ve been married for 1 1/2 years. My husband wants a divorce, he isn’thappy. We bought a house before we got married. Both saved money and I put money that I received from a legal settlement. Am I legally entitled to that money?

Answer: The house is not marital property because it was purchased prior to the marriage but would be divided according to the percent in which you each invested in the house, including upkeep and improvements. Any money earned during the course of the marriage is marital property . Money earned from a personal injury claim […]

Jun 12, 2018

Question #71: A friend of mine has been married for 8 months. she is getting a divorce. Is her engagement ring considered marital property? her grandfather gave her and her husband $25,000 when they got married. This is marital property, correct?

Answer: The engagement ring is a tricky question. If it is an asset acquired by the Bride- Wife prior to marriage and not during marriage as some courts have said, it is individual property and not Marital property. Other courts have said, however, it was given in anticipation of marriage and its transfer is understood […]

Jun 12, 2018

Question #70: I have been married 26 years. I served my husband with divorce papers last Sept. He moved out last Dec. We are at the stage of either a trial or settle. He offered to settle 50/50 everything with child support til our last child is emancipated and no maintenance. He earned $112K in 2000 and I earned $35K. He claims I am self supporting and I cant afford to live in the home the way I am use to. Should I be entitled to alimony?

Answer: In order to answer your question properly I would need more information. Assuming, however, that for the 26 years of marriage your husband supported you and the family and that you lived a lifestyle commensurate with his income, you would be entitled to some form of spousal support for a number of years to […]

Jun 12, 2018

Question #69: I have been married for just 3 years. My husband retained an attorney for a legal separation or whatever. He is not even sure himself. My question: We have a condo and the condo was purchased prior to our marriage and is in my name (deed and mortgage). A very minimal amount was put as a down payment and I can’t even give you a figure of his contribution to the downpayment, because it was so minimal. All costs were paid out of my personal checking account/savings. Is he entitled to any share of my home?

Answer: Property acquired prior to the marriage by one spouse and held in that spouse’s name is separate property, not marital property and your husband has no proprietary interest in it.He may have a monetary claim for part of the money he contributed to the upkeep or mortgage, or that was funded with marital property […]

Jun 12, 2018

Question #68: 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 prior to filing the documents. The current way they are living is very difficult

Answer: Unless there is physical abuse involved, your daughter should remain with the child in the house, if she intends to request that she be granted the house to raise the child in, at least until she has a written agreement regarding the disposition of the house. I strongly recommend that your daughter seek an […]

Jun 12, 2018

Question #67: My husband and I have been married (NY) for 8 1/2 years. Due to his problems, we have not had sexual relations for at least 8 years. My husband has supported me for the entire marriage while I pursued an independent (and not self supporting) career interest. His present retirement assets (he is retired for the past 3 years) are nearly $1,000,000. For the first five years of our marriage (before he retired) he was still contributing to that account. Am I entitled to part of that account? I don’t want to break him, I just want a fresh start.

Answer: You are entitled to approximately half of all the assets acquired by your husband during the course of your marriage (i.e. 8.5 years). He is also obligated to provide you with some form of spousal maintenance until you can reasonably acquire the skills to become self supporting. You should seriously consider mediating your divorce […]

Jun 12, 2018

Question #66: I have been married for 4 years in New York. 2 months ago my husband left me he is now living with his parents. I am curious about how you go about filing for a legal separation and then a Divorce. Also, I have student loans that were acquired before the marriage is he responsible for those payments? We also have a car loan and several credit cards that are primarily in my name with him as a cosigner. We have called the credit card companies to see if we can change the bill to his name and they will not do it. He has tried to get a loan in his name to consolidate these bills but they will not give it to him because of bad credit. What can I do so that I am not left with all of the debt? Also if I were to find out that he was with another woman that is adultery and how is that different from abandonment?

Answer: Any debts you incurred prior to the marriage are your individual debts; thus the student loans are your individual liability. If you are located in the NYC metropolitan area please call me at 212-370-1660 to discuss mediating your divorce. The issues you raise regarding outstanding liabilities and grounds for divorce can be resolved in […]

Jun 12, 2018

Question #65: After my fiancee and I get married, can his ex-wife come back and ask for more money since our incomes will be combined? Also, what if he looses his job? Are we then obligated to pay the alimony out of my income?

Answer: Generally, the courts will not look to the income of the non-related, spouse of a remarried spousein determining spousal or child support. Leonard M. Weiner, Esq./Divorce Solutions

Jun 12, 2018

Question #64: I have been married since September 2000 and live in New York. No children. My husband and I are thinking of separating due to the fact that we just cannot get along. I have owned a house since 1990 and the deed and mortgage is 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 payoff 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. Thank you.

Answer: If the house was your property prior to the marriage and remained in your name after the marriage , it is individual property and not marital property and thus it belongs to you alone. You would be entitled to approximately one half of his pension earned during the marriage. He would be entitled to […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #72: I’ve been married for 1 1/2 years. My husband wants a divorce, he isn’thappy. We bought a house before we got married. Both saved money and I put money that I received from a legal settlement. Am I legally entitled to that money?

Question #71: A friend of mine has been married for 8 months. she is getting a divorce. Is her engagement ring considered marital property? her grandfather gave her and her husband $25,000 when they got married. This is marital property, correct?

Question #65: After my fiancee and I get married, can his ex-wife come back and ask for more money since our incomes will be combined? Also, what if he looses his job? Are we then obligated to pay the alimony out of my income?