FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 7

Nov 27, 2018

Question #262:My husband and I have just separated. We live in Massachusetts. My question is I own 2 homes before we were married, does he have any legal right to them if we get divorced?

If the homes were acquired prior to the marriage with your separate funds and title kept in your name only, the property would be separate property and not marital property and your spouse would not have any proprietary interest in them. If there were mortgage payments made on the houses during the marriage with funds […]

Nov 27, 2018

Question #261:Hello! My husband and i have been married for 4 1/2 years. For the most part, things were good with a flare up every 6 months. My husbands flare ups have been occurring regularly now and he rips me apart verbally. He will then ignore me for days until he is ready to speak again. I love him but cannot continue to feel uncomfortable in our home. The home we share was left to him when his father passed. He claims he added me to the deed but i have never seen it. If I move out because of his verbal assaults would this be considered abandonment? After moving can i then contact a lawyer to start divorce proceedings? Also, if I leave first, would i lose any entitlement to money? thank you!

Check with your local land recording office to see exactly how the property is held. You can check by your name and your husband’s name or by lot and block number. If you move out w/o an agreement in writing , you would be abandoning the marital home. Do not leave the house until you […]

Nov 27, 2018

Question #260:My husband and I are separated. Two months after the separation he filed for divorce. According to the separation agreement, my husband had to pay the car off by May 1, 2011 and transfer the title to me. He still has not done this. I will get a 155.00 decrease in my homeowners if I use Allstate for both car insurance and homeowners insurance. What can I do? can I request money from him for the late payment?

You should send him a certified letter informing him that he is in breach of the Separation agreement (quote the paragraph) and that if you do not received confirmation of the payment and the title to the car as agreed, you will be forced to hire an attorney to make a motion to the court […]

Nov 27, 2018

Question #259:With agreement with my soon to be ex wife, I pay for our sons day care which is $811.00 per month which is far beyond my means but she cannot afford either. During this time I do not pay for child care however we agreed that when he is not in daycare and when he finishes daycare, I will give her the required 17% that New York says I have to give. My question is if she starts asking for child care, who is responsible to pay his day care? Please help me. Thank you.

Schooling , or daycare are generally NOT included in the 17% percent of child support payments But are in addition to such support. Who should pay, however, and how much, should be decided by the parties And if they cannot reach an agreement , the Court will decide. If you are living in the NYC […]

Nov 27, 2018

Question #258:My partner and I in the process of purchasing a condo and I want us to sign a legal document saying we split everything 50/50with no issues if we were to ever break up. What document could I use?

You need a Post Nuptial Agreement . It should be drafted by an experienced attorney Practicing in the matrimonial area . If you are living in the NYC metro area , please give me a call to arrange for a meeting to discuss the details. Leonard Weiner, Esq./Divorce Solutions

Nov 27, 2018

Question #257:My question concerns spousal support and division of property. My husband and I have been married for 26 years, live in an affluent community in Westchester county NY, and we have 2 children in college. He has had over 20 affairs during this time (I stopped counting), and has been a self-employed attorney & adjunct business law college professor for 15 years, making approximately 20k annually. He brought student loans with him to the marriage. I brought a farm that I had inherited through the death of both of my parents. For the past 4 years, I am a 50% partner in a successful business, and am about to open a new corporation shortly, and have worked our entire marriage. 5 years ago I learned of $250k of credit card debt that he had accumulated in cards with my name on the account, had not paid income taxes (though he told me it had been done), and had many delinquent bills (he insisted that I just sign over my paychecks, and he would take care of the bills), and so I had to refinance our mortgage, increasing the loan to pay off the cc debt, and the mortgage had to be put in my name only, though he is still on the deed. At that time, I made him close all the cc accounts, and opened my own separate bank account. Since then I pay all the household expenses, including all the childrens’ expenses & spending money, college tuitions, mortgage, insurances, utilities, food, travel, etc….also I have started filing “married filing separate” tax return this year. I have reached the end, and think I would be much happier if I was not in this marriage (this is not because of anyone else, I have never committed adultery), and my children are at an age that they can understand this splitting. But, how likely is it that I will be sucked dry of all that I have worked so hard for (I am 52 yrs old)? Will I have to give up my house, my company, pay him spousal support, etc… because he prefers not to work to his ability, prefers to stay home, sleep late, etc? Am I better off just continuing to pay for everything now, and hope that I will outlive him?

No one should be forced to remain in a marriage that he or she can no longer tolerate simply for financial reasons alone. Because you are holding your home as joint tenants on the deed, your husband has an equitable interest in such property despite the fact that you are the sole party on the […]

Nov 27, 2018

Question #256:I live in NY and have been married for 23 years. We have just starting proceedings for a divorce and I found out that my soon ex to be took out a second mortgage on the equity of our house (yes I signed because he told me he was re-financing). Am I entitled to 1/2 and should that be put into the divorce agreement?

If the money is still liquid ( sitting in a joint account ) you should make sure your spouse cannot withdraw it without your consent. The best thing would be to divide it now before it “disappears”. If it has been spent on marital matters, such as home renovations, college tuition for child, a family […]

Nov 27, 2018

Question #255:Me and my wife both lived and still live in NY. We got married in Oct of 2008. We got married in NYC at the Croation church. We also bought a home this year Feb. 2011 I cannot take the stress she puts on me when we get in to an argument any more I thought she would change when we bought the home but it got worse when we argue she gets violent like curse at me swings doors open picks up chairs like as if she is going to throw at me. She mentally abuses me and I don’t know what to do anymore she treats me by saying she’s not going to give money for the house payment or credit cards we used to buy things for the house I will continue to pay for the house with my money I make is that good or bad and if I do will she still have the chance to keep the home or can I keep it we have no children we have separate accounts and also a joint account. I also have audio recorded have her mentally abusing me cursing, screaming, threatening to spit on me, and more. Please let me know what can I file under and if you can do the work thank you.

Any property acquired during the course of the marriage with funds earned during the marriage are marital property and are generally divided equally between the parties. If the monies you used to purchase the house came from separate funds that you owned prior to the marriage or from an inheritance, then the house would be […]

Nov 27, 2018

Question #254:Hello. I am a teacher with a son about to go to college, trying to divorce on a limited budget. My ex is also a teacher. We hope to be able to use a mediator, rather than a divorce attorney… but I’m trying to get enough info first to determine if this is realistic. Two of my most pressing questions: 1. When trying to divide property and assets up 50/50, what happens to a NYC Mitchell-lama coop? It has no market value, as we can only sell it back to the coop for what we paid for it, but if we were renting it on the open market, our lovely UWS 2-bedroom would probably rent for about 6,000/month, or if we owned it, sell for perhaps 800K. 2. Also, if some stocks are in both our names and some in only his name, are they all subject to a 50/50 split, or am I entitled only to half of the ones held jointly? Thank you!

If one of you intends to remain in the coop apartment, the value of the coop can be determined by the difference between the monthly cost of the coop as opposed to a comparable rental apartment in your particular area. If neither of you intend to remain in the coop, and it cannot be sold, […]

Nov 27, 2018

Question #253:Hi, I wanted to ask a question about my divorce. I was married to my ex-wife for 5 years 10 months. I know I have to give her a part of my pension, I’m a police officer for NYPD. How much would I have to give her and is it for the rest of my life.

If you are living in NYS, under the NY ‘s laws of Equitable Distribution, your wife would generally be entitled to approximately half of the value of the pension earned during your marriage. Any part of the pension earned prior to your marriage or after your divorce, would be your separate property and not marital […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #262:My husband and I have just separated. We live in Massachusetts. My question is I own 2 homes before we were married, does he have any legal right to them if we get divorced?

Question #258:My partner and I in the process of purchasing a condo and I want us to sign a legal document saying we split everything 50/50with no issues if we were to ever break up. What document could I use?

Question #253:Hi, I wanted to ask a question about my divorce. I was married to my ex-wife for 5 years 10 months. I know I have to give her a part of my pension, I’m a police officer for NYPD. How much would I have to give her and is it for the rest of my life.