FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 33

Jun 12, 2018

Question #43: I am from ND. I inherited a farm from my dad. Will this be divided as property held together or will my inheritance be kept separated from our mutual holdings?

Answer: I am not an authority on North Dakota law, but in most states, property which was received through gift, devise, or inheritance and held in an individual’s name, remains individual, separate property and is not included in “marital assets”. If on the other hand, you hold the property jointly or as tenants in common, […]

Jun 12, 2018

Question #42: My husband wants a divorce after being together 21 years, married 18 years. He wants to remain friends and has asked me to file for divorce. I’m in California and he has recently moved to Ohio. We have one son in his senior year of high school and wants to go to college. I do not work and have stayed home to raise my family during most of our marriage. I have started college, which I have paid for by working on the college campus. My husband closed our joint accounts a few years back and put it in an account in Prague. I have a letter from his mother stating the amount deposited but it is written in Czech and I can’t read it. I have property I bought before our marriage which he has paid for improvements. What he wants to do is this, I keep the property, which has an old mobile home on it, and he keeps the money in Europe,(according to the letter is, $112.459,47, vezmi) his ESIP which was $78,928.27 on Dec. 96,profit sharing about $113,000. on Dec. 96, his IRA about $28,000. and various stocks. My husband thinks this is fair, this is what he has worked for. He has made the remark in the past that he could always leave the Country and I won’t have anything. I know I haven’t worked much during the 21 years we’ve been together, but this just doesn’t seem fair. How do I determine alimony? Can I ask for child support until our son finishes college? How can I determine what is fare? I haven’t any money saved and can’t pay for an attorney. My husband also said that if we have to use attorneys, the one who can afford the best will come out the best. He is anxious to get things moving NOW! I have the “EZ Legal Software for Divorce” now what should I do?

Answer: The first thing you should do is throw away the “E Z Divorce” software. You need a matrimonial lawyer who is experienced in these matters. I am assuming from your letter that you presently live with your son in the State of California and during the course of your marriage you were living in […]

Jun 12, 2018

Question #41: My husband and I reside in Atlanta GA and have been married 20 months. We have a 10 month old infant. We have decided that the marriage was a mistake and want to end it now while we can still be friends and raise our child without ill-feelings. My understanding is that there is no “legal” separation in Georgia, so I’m seeking advice on how best to continue running the household financially if he moves out while we settle things (our current set up is he pays certain household bills and I pay others). The second area of questions has to do with a divorce in Georgia … what should I expect (reasonably) in a divorce settlement? And what might I expect in terms of custody arrangements (assuming I retain custody)?

Answer: I do not profess to have any expertise with regard to Georgian divorce law and I would strongly recommend that you seek legal advice from an attorney-mediator specifically trained in divorce mediation who is experienced in Georgia and is knowledgeable about its divorce laws. In general, with regard to your question about interim support, […]

Jun 12, 2018

Question #40: My husband and I are divorcing after 20 years of marriage and 3 of separation. We have two children in college who live with me. We own a home for which we owe over 75% of the value. Our financial agreement during the separation has been that he pays the mortgage while I pay all other bills. We both contribute towards our children’s’ college educations. Since I worked to support the family while my husband completed college and graduate school, could his professional degrees be considered part of the marital assets? Would I be entitled to receive alimony for any extended period of time? He makes double what I make. Also, there is a lien on our home due to taxes he did not pay – will I be able to work out a divorce settlement which would include his assuming total responsibility for the tax lien, thereby allowing me to refinance the home?

Answer: If you possibly can mediate your divorce rather than battle it out in court I can not over emphasize the benefit of choosing mediation. The amount of time and money that the adversarial divorce will cost, not to mention the emotional cost to both you and your husband and the children can be immensely […]

Jun 12, 2018

Question #39: Is New York State a community property state?

Answer: New York State is not a “Community Property” state but it is an “Equitable Distribution” state. The difference between the two methods of dividing marital property is as follows: whereas in a Community Property state, all of the marital property is divided equally between the two parties, in an Equitable Distribution state, the marital […]

Jun 12, 2018

Question #38: MY DAUGHTER FILED FOR A DIVORCE, HER HUBSAND BOUGHT A CAR WITHIN A WEEK OR TWO BEFORE OR AFTER THEY GOT MARRIED, NOW HE PUT THE CAR IN HIS FATHERS NAME SO HE DOSEN’T HAVE TO SELL IT AND SPLIT THE MONEY WITH HER. THIS IS HIS EXTRA CAR WHAT CAN SHE DO, A CONCERNED FATHER.

Answer: In order to answer your question I must first know what state your daughter is located in, what state her husband is located in, where , if any, are the children located, and are there any other assets, such as a home, boat etc. and where are these items located. You mention that the […]

Jun 12, 2018

Question #37: DOES MY WIFE HAVE THE RIGHT TO KEEP MY NAME ON THE MORTAGE AFTER WE ARE DIVORCED? WE LIVE IN VERMONT.

Answer: If the house passes to her, you should have your Separation Agreement expressly provide that she should apply for a new mortgage alone. You should also contact the bank which holds the present mortgage and ask them whether they will permit you to remove your self from the mortgage obligation once the title passes […]

Jun 12, 2018

Question #36:

Answer: I fail to understand exactly what you mean by failing to be a wife “in the legal or moral sense” and what ” reverse palimony” is. From a legal perspective, in New York if you were legally married , your wife retains all of the benefits due her under the Domestic Relations Laws of […]

Jun 12, 2018

Question #35: Is computer software considered intellectual property, and is it treated the same as other property that is divided at the end of a marriage?

Answer: Generally, all property acquired during the course of marriage by either spouse is considered marital property except for exceptions such as property acquired by inheritance, or gift and maintain in a segregated account. Intellectual property, such as computer software, is subject to marital property division if acquired during the course of the marriage and […]

Jun 12, 2018

Question #34: I am interested in seeking a divorce (Texas) against my husband who was recently incarcerated for Investment Fraud (2 year sentence). Are there any rights/provisions/laws which will enable me to request and RECEIVE child support orders now (even though it is obvious he cannot currently pay monthly support payments) so that the ordered support will ACCRUE while he is in jail? My husband committed a crime . . . the children and I did not. Why should WE be penalized for HIS wrongdoing while he is imprisoned? He gets “three hots and a cot” and watches cable TV all day long. I on the other hand, am trying to work to support our 2 small children (as well as put my other son through college) AND finish my degree as well as mend from my husband’s financial and emotional injury to our marriage and family. His forte’ in life is sales and easily makes hundreds of thousands of dollars annually so ANY amount of accrued support would be a drop-in-the-bucket for him.

Answer: You do not mention any savings or other assets which your husband may have which could serve as the source for child and spousal support during the course of incarceration. You may also wish to investigate the possibility of seeking child and spousal support from Family Court or the equivalent in Texas. I strongly […]

LEONARD M.WEINER, ESQ, Ph.D.

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FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #43: I am from ND. I inherited a farm from my dad. Will this be divided as property held together or will my inheritance be kept separated from our mutual holdings?

Question #39: Is New York State a community property state?

Question #38: MY DAUGHTER FILED FOR A DIVORCE, HER HUBSAND BOUGHT A CAR WITHIN A WEEK OR TWO BEFORE OR AFTER THEY GOT MARRIED, NOW HE PUT THE CAR IN HIS FATHERS NAME SO HE DOSEN’T HAVE TO SELL IT AND SPLIT THE MONEY WITH HER. THIS IS HIS EXTRA CAR WHAT CAN SHE DO, A CONCERNED FATHER.

Question #37: DOES MY WIFE HAVE THE RIGHT TO KEEP MY NAME ON THE MORTAGE AFTER WE ARE DIVORCED? WE LIVE IN VERMONT.

Question #36:

Question #35: Is computer software considered intellectual property, and is it treated the same as other property that is divided at the end of a marriage?