FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 5

Nov 27, 2018

Question #283:I owned 50% of my house prior to marriage. The remaining 50% was transferred to me as a gift. If I was to get a divorce now, will the second 50% be considered marital property? There is no co-mingling of marital funds in paying for the upkeep of the house, so her contribution is zero. Additionally, both of us reside in the house now. Will she have any legal right to my house? Additionally, I brought another property during the marriage. Again no co-mingling of marital funds involved and is under my name only. Does she have any legal claim to the second property? I am in NYC. Thanks for your time.

Any property you acquired prior to the marriage and kept in your name is separate property and not subject to any claim by your spouse. Any gift you received during the marriage which is kept in a separate account or held in your name only is also separate property and not subject to a claim […]

Nov 27, 2018

Question #282:Hello. I have been married to my 2nd husband since 2006, he is from new Jersey but moved here to Buffalo to Marry me and move into my home with my 4 kids. In 2009 we had a baby girl. I am pretty sure this marriage is heading for divorce, early in the marriage he cheated on me and I found out 2yrs into the marriage. My question is that would I be forced to let him take baby to new Jersey to have visitation with him there, or would he have to visit her here in Buffalo. Also what is he required to pay in addition to child support, does he have to pay maintenance, I’m a stay at home mom, and only baby sit a few days a week. We have a vehicle that has him as a Cosignor and has both our names on the bank papers for it… Please could guide me as what to do? :(:( stressed in Buffalo.

If the court were to award residential custody to you, then your spouse’s visitation would somehow have to be made in Buffalo or some other arrangement would have to be provided so that your daughter could visit with him back in New Jersey during vacations and summers. If your spouse has been supporting you during […]

Nov 27, 2018

Question #281:Hi, I am a 30-yr old mother of two, my kids dad and I have been married for almost 10 yrs come march, I do not have a job per the agreement we made while we were in the same household together, because he didn’t want me to work, only to see about the kids and house, that was cool up until about 4 yrs ago when his mistress, with whom he lives with now, came on the scene. All I want to know is what i am entitled to or is there any type of financial help I can get. I do receive child support and one of my kids get SSI but it’s still not enough to move into my own place and get a vehicle to carry my child back and to her doctor’s appointments which I do by myself. I just need to know what I am rightfully entitled to now that we are getting a divorce.

If your husband has been supporting you during the course of your marriage while you were taking care of the children and maintaining the house, the court should require him to continue to provide you with spousal support until you have an opportunity to develop working skills and become self supporting. You should also get […]

Nov 27, 2018

Question #280:Hi! I am married but living separately since September 2010. Filed Divorce in August 2011 and then drop the case. Still living separately and on the process of buying a house. Will he be a problem for me? I am living in Texas. I am trying to work on my relationship with my husband but I am not sure whether I will be able to live with him again or not.

Until you actually get A divorce judgment signed by the judge and filed with the county clerk in your jurisdiction, you are still considered married and any asset acquired during the course of such marriage is considered marital property, regardless of in whose name the property is held. If, however, you use funds acquired prior […]

Nov 27, 2018

Question #279:My husband and I have been married for 18 years in New York State. We have an 18 years old son together. I moved out of “his” house in November 2009 because of daily excessive arguments and him hitting me on 2 or 3 occasions. We never got a legal separation. I “owned” a condo before we got married. He “owned” his house before he married me. During the marriage, I acquired a house in Atlanta, Georgia and he now owned a house outside the country of his birth Trinidad and Tobago. He now resides in Trinidad and Tobago for most of the year. He comes to NYC in April to get his taxes done and then he leaves the country. Under what grounds can I get a divorce and would we have to sell the properties between us. He is retired and gets a monthly pension.

Any property or assets acquired during the course of the marriage other than by gift, inheritance, or bequeath, is considered “marital property” and is generally divided equally. Any asset of property owned prior to the marriage and kept in one’s individual name, is separate property, not marital property, and one’s spouse has no proprietary interest […]

Nov 27, 2018

Question #278:I HAVE BEEN MARRIED FOR 11 AND A HALF YEARS. MY WIFE WANTS A DIVORCE. I HAVE BEEN UNEMPLOYED FOR 3 YEARS. I WORKED PRIOR TO THAT AS A PERSONAL FITNESS TRAINER. I USUALLY EARN BETWEEN 25-33 THOUSAND $ A YEAR. SHE MAKES 100 THOUSAND $ A YEAR NOT INCLUDING BONUSES. WE LIVE IN A TOWN HOME, WE BOUGHT SHORTLY BEFORE MARRIAGE. THE HOME IS IN HER NAME. SHE HAS AGREED THAT WHEN SHE SELLS IT WE WILL SPLIT THE PROCEEDS. SHE HAS A 401 AND OTHER INVESTMENTS. WHAT AM I ENTITLE TO. THANK YOU.

Any property acquired during the course of the marriage, unless by inheritance, gift, or bequeath, is deemed to be marital property, with each party generally having a right to approximately ½. Since the town home was acquired prior to the marriage and is being held in your spouse’s name only, there may be a serious […]

Nov 27, 2018

Question #277:Hello, I received monies from my mother’s life insurance policy a couple of months ago. The money has been sitting in a total control account solely in my name. Me and my husband are about to file for divorce. I have read that he is not entitled to any of my inheritance as long as the account is separate, but is money received from a life insurance policy considered inheritance?

In New York, The proceeds of a life insurance policy as well as money received as a gift, bequeath, or inheritance, should be considered separate property if they are kept in a separate account and not commingled with marital assets. I imagine the law in Texas is the same, but check the law in Texas […]

Nov 27, 2018

Question #276:I have been married for 16 years since 1996, we have one 11 year old child together and we have had custody of his son since he was 3 years old, he is now 21 and will be graduating university in a few months. I have been on permanent disability since 2004 for a spinal disease & a chronic pain condition. My husband makes about 106,000K, I make on Social security disability aprox 19,800.00K. We live in a home my mother gave to me in 1990, it is worth aprox 439,000. 1999 we took out a home equity mortgage in my name for 59,000K for adoption, the balance is still $59,000. He will NOT pay this down. He has asked me to put his name on this house and to leave 1/2 to HIS son (from a previous marriage). He has screamed DIVORCE one too many times So, I cannot put his name on this house as I have NOTHING ELSE, no savings, not even life insurance. When he divorces me I do not want to have to give him 1/2 of what this house is worth and have to make a new life, who knows where. He says he is leaving because he hates our neighborhood in Queen NY, (he was raised & lived in Brooklyn most of his life) I want to stay here until my mother passes she is aging and needs me now more than ever, His parents are both deceased many many years now. He wants to live on Long Island and is willing to leave his family to live a life on L.I. He has about $250,000K in HIS 401K account. My question is, because I cannot work anymore, and my income is not enough to run this home, will I be entitled to alimony and will I be entitled to keep my home without having to sell and give him half. Thank you

If the house your mother gave to you is in your name only, it is separate property, not marital properly and your spouse will have no claim to it. If you allow him to pressure you to put his name on the house, you will be gifting to him half of your equity in it. […]

Nov 27, 2018

Question #275:I’ve been married almost 6 years and I’m considering divorce. We were married in Las Vegas, but reside in Arizona. Also, we never filed the document in our state. I’m still in our home but we barely speak and sleep in separate rooms. We have 3 children (2 whom are biologically his). I have received a gift (large sum of $$) from a relative who won the lottery for me to start my life over. The gift was put into my personal acct, his name is not on it and I’ve never used it to pay for anything in the home. Is he entitled to half even if it was given only to me?? Please help!

If you received the money as a gift and maintained the funds in a separate account in your name only, The funds should be considered separate property, not marital property and your spouse would have no claim to it in the event of divorce. If you were legally married in Nevada, the fact that you […]

Nov 27, 2018

Question #274:I am thinking of getting a divorce after 6 years. When I got married I did not have any money. My mother passed away and left me money and a house that I have to split with my brother. I was and still am the main bread winner in the family and my husband has not worked in over 3 years. I paid for medical all the bills and now that I am unemployed am still paying all the bills and he has not paid anything. I bought a home and both of our names are on the deed. Is he entitled to half of what I have or get when I sell the house my mother left to me and my brother. Thank you for your time.

If you would have used the inheritance money exclusively to purchase the new house, and kept the deed in your name only, the house would have been separate property, not marital property. By adding your spouse to the deed you gave him a gift of 50% of the house and he now can claim a […]

LEONARD M.WEINER, ESQ, Ph.D.

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FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY