FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 6

Nov 27, 2018

Question #273:Hi….I am a stay at home mom of 14 years with several children..some still young. My husband is very controlling and has all the bank information, debit cards and bank information. He just last night told me he will not give me a penny . I have been living like this for months and feel like there is no way out. He has let the health insurance lapse on my children all the way down to no longer putting gas in the car. I contacted legal aid..they said they can’t help. Do you have any advice or can you refer me to someone? I feel completely trapped..like there is no way out. I contacted crisis services and they told me he is a domestic abuser..all except physical according to an abuser wheel. I am in NC..do you know of anyone who could help me? I am desperate to get away from this situation.

Go to Family Court in your area and speak to a family assistant or other professional There about your situation and ask that they help you file a demand for spousal and child support from your husband. You can also try contacting your local Bar Association and as for the pro bono family law Or […]

Nov 27, 2018

Question #272:I live in New York, been married 10 years, and wife is considering separation / divorce. In regards to only the gifts given to each other during the marriage, and not from others outside of it, ( only since my gifts were mostly very expensive jewelry I bought for her, from which the question arises) is this considered separate property or community/marital property in the state of New York? Thank you.

Gifts given prior to the marriage, such as an engagement ring, in anticipation of marriage, become separate property of the receiver upon the marriage. Gifts ,such as jewelry, given during the marriage, such as bracelets, broaches, necklaces, etc., are marital property and are generally divided equally. If you decide to separate and or divorce, I […]

Nov 27, 2018

Question #271: I have been married for 11 months. My husband and I separated in April and he moved back in the end of October and he is out of the house again. Before he moved back in I financed a car which he has been using. I filed for divorce in September but did not have him served. He said he consulted a lawyer who told him that the car was consider a marital asset so that he is entitled to it. Is this information correct?

If he was not served, even if you purchased an Index number and filed a Summons and Complaint, you do not have a divorce case! He must be served. Any item acquired during the marriage with funds earned during the marriage is “Marital Property” and will generally be divided equally. If the money used to […]

Nov 27, 2018

Question #270:I live in upstate NY. My husband and I have been married for 17 years and are currently having problems, but not planning on Legally Separating or Divorcing yet. This is due to the fact he is going on temporary assignment for one year to Hong Kong. Part of our problems is that he is having an affair. Amazingly enough I feel that is not the biggest issue. The biggest issue is the 19 yr. old he has decided to financially support without my knowing it for 3-4 months and eventually discovering he had been doing it since May of this year 2011, and that he is still doing it. Since May he has given and spent at least $15,000.00 to $20,000.00 on the 19 yr. old. Most of it from a line of credit and the rest in cash. He had a joint checking account with her and most recently has co-signed on a car loan with her. Under two occasions recently the Credit Union we bank at has taken money out of our joint account because she did not make the payments. My husband has done all of this behind my back. We are extremely financially strapped. And because of this he has put us more in debt. I have had to sell jewelry and scrounge for soda cans to sometimes buy groceries for us and that includes our 12 yr. old daughter. My husband makes a good salary – $120,00.00 a year, but we are in deep trouble. He says he is going to continue to financially help the 19 yr. old even when he is in Hong Kong. He will be in Hong Kong from December 2011 – December 2012. His paycheck has always been deposited into our joint account. For 17 years I have always had access to it (deposited money, transferred money, withdrawn money, kept track of bills being paid etc…). I learned about him financially supporting the 19 yr. old by checking our accounts. Now because I do that and question him on what he is doing he has decided to shut me out. So here is my question, questions. What are my rights? Can he cut me off from seeing, knowing how much money is there every two weeks and accessing it? Right now I have to trust him and wait for him to give me money. I hope you can help me with this. The answer I seem to get is to start either Legal Separation or Divorce Proceedings. Because he is leaving in two weeks there isn’t time and we were waiting till he came back. You ask why – I have a lot of medical problems, one of which is Parkinson’s. We need to make sure we do the right thing to make sure I have GOOD medical coverage.

If your husband has been supporting you and your child during the marriage the court will force him to continue. He has a legal obligation to do so and you should discuss this matter with him before he leaves and see if you can work out a suitable arrangement that will satisfy both of you. […]

Nov 27, 2018

Question #269:Hello’’ I live in Westchester County NY, my husband and I have been married for 6 years he is a dentist and the soul financial maker I am a house wife, he pays all the bills because I cannot afford to pay them suddenly he decides to walk out on me and said he’s not coming back and he won’t be paying any more of the bills..he owns everything is in his name, I am totally dependent upon him..so my ? do I have any rights is he still legally obligated to continue to pay the bills so that I can stay in the house….

Any property acquired during the course of the marriage with funds earned during the marriage are “Marital Property” , regardless of how title to the property is held. If he was supporting you for the past 6 years he will have to continue to do so and cover the house expenses in an amount and […]

Nov 27, 2018

Question #268:In December I will be married for 2 years. I see this marriage coming to an end soon. During this short marriage, my parents bought a house that my husband and I live in. Both my parents name, along with my name is on the deed/title/mortgage. Not my husbands. If we get divorced, is he entitled to any part of this house? Also, I am disabled, living on disability from before he and I got married. I was and am not working. Will I be entitled to alimony or any other funding from him to help me financially?

If the house was purchased with funds from your parents and not funds you or your spouse earned during the marriage, the house would be considered “Separate Property” Not marital, and he would not have any equity interest in it. If you and or he made the mortgage payments, he may have a claim for […]

Nov 27, 2018

Question #267:after 32 years husband moved out this past week end. he is a VERY successful business owner since 2003 -refinanced the house to start business in 04- now has removed a safe with large amounts of cash & important documents what can I do?? has purchased new vehicles & computer what are my rights there ? they were for the business so he says he has NO grounds for divorce christ I was the perfect wife though I did lose my job after 14years from a school district due to budget cuts I am 55 years old he is 52 I cannot find a job what would pay me enough to support the house which by the way was “sold” to us by my mother for $10 and she was granted life residency There was in the past physical abuse and there is a lot of mental abuse – I am not allowed to speak for fear of being told I complain all the time I have NO money for a retainer hate the idea of using credit cards to do this he will NOT go to counseling says they always blame him …. HELP please !!!

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss mediating your divorce. If you cannot afford a lawyer, the Court will make your husband pay. You should also be entitled to spousal support for a period of time. Leonard M. Weiner, Esq./Divorce Solutions

Nov 27, 2018

Question #266:I have a few simple questions about a very complex derailed divorce proceeding. we married in 1975 in New York. After 25 years of marital hell, my husband was arrested for spousal abuse. I filed for and was granted a one year permanent order of protection. I subsequently discovered that he had corresponded with a dominatrix and was a cross-dresser with an extensive collection of perverted pornography, some women’s wigs and various s & m items. In 2000, he filed for divorce shortly before I did. We have maintained separate residences since then. During 4 years of contentious negotiations, I was led to believe, even by my own lawyer, that the equitable distribution of our joint assets would be very complicated and could leave me in financial ruin. Just days before the scheduled date of the trial, my new attorney felt that the judge would almost certainly dismiss my husband’s case due to the false charges he had accused me of and advised me to proceed as such. He said that it would give me additional leverage to negotiate a mutually agreeable settlement. After less than an hour the judge threw the case out. My lawyer never even attempted to contact my husband’s to discuss settlement, My husband and I have, for the most part, maintained a good relationship for the majority of the past 7 years. We lead separate lives and maintain separate bank accounts. For 5 years after our separation (not legalized) I continued my teaching career and opened a 403 B account. Will the money I saved and the time accrued be considered joint marital assets? Although we are co-owners of the house I currently reside in, my husband has not financially contributed towards any household expenses in any way. I took out a $100,000 mortgage to do necessary repairs and renovation. Will I be held responsible for that debt? Could it be possible that the legal distribution of our assets will be calculated from the action that I originally filed in 2000? We have not been able to reach an acceptable settlement in 11 years. Please don’t respond with a simple “try mediation”. I need answers to my questions. You have long maintained this site to advise people honestly concerning their legal rights in divorce proceedings. I thank you in advance for your time and consideration.

As long as you have not filed a Separation Agreement or filed for Divorce, You are legally considered married, and all assets acquired during such time Are “Marital Property”, both yours and his, regardless of in whose name the property is held. If the previous case was dismissed by the Judge, it ended and a […]

Nov 27, 2018

Question #265:I have been married for 5 years, and now I want a divorce. Â the reason would be “cruel and unusual treatment”. He has been emotionally abusive, cheated in the beginning, calls me names, insulting, etc. I tried leaving in the past and he has always returned me from leaving, apologized told me he loved me etc. Now after 5 years, I guess his feelings have diminished – he is the one who is constantly suggesting divorce, telling me to leave, and there is a weekly scene and name-calling on his part. I have a son from a previous relationship, he is now in high school. He is being quite strict with him as well, and not in a “normal, healthy” way. He picks on him, calls him names, etc. I can’t take this situation anymore. Here is my question. He owns a business and he owns a condo in which we live in. Also, I used to work however, after we got married he wanted to me to stop working, and help him with business. I now work there 3-4 times a week. Do I have a right to the business and the apartment?

You did not indicate what state you lived in, but if your state is a Community Property state or a Equitable Distribution state, most states are one or the other, you have a right to approximately half of all assets, property or funds earned during the marriage, no matter in whose name the property is […]

Nov 27, 2018

Question #263: Love your website which is so helpful to people who desperately need help for divorce! I’m living in Atlanta, Georgia. My husband is a self-employed, he made twice as much as mine but he is financially irresponsible. I added his health insurance on my employer sponsored family plan during our many yrs marriage. Now I lost my job and filed for divorce because he treated me badly for years. May I claim to compensate for my contribution to his part health insurance? Another question: He spent fortune on his model train layout during the marriage. I don’t know exactly how much the value is. May I demand him to report the value? Thank you very much! I look forward to hearing from you soon!

The health insurance costs which you provided during the marriage are not reimbursable. However, your spouse’s model train collection is marital property and you should have a 50% interest in it. Good Luck! Leonard M. Weiner,Esq. /Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY