FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 9

Nov 27, 2018

Question #239:Hi, I live in NYS. My wife and I have been married for 23 years and we started legal separation proceeding in the past month (Nov 14th). We use the same credit cards, checking account etc. If after Nov 14th she goes out and purchases items (computer, shoes), takes excessive money out of the bank account, may I responsible for 50% of these costs? These items are not needed for home etc.

If you have already commenced legal proceedings for separation in court, I strongly recommend that you terminate all joint accounts, be they bank accounts, credit accounts or any other accounts where you have financial exposure. Cancel all accounts upon which you are jointly liable. Divide up the monies in the bank accounts and checking accounts […]

Nov 27, 2018

Question #238:My ex husband and I divorced in 2004. Everything was very simple, and nothing was mentioned as far as future marital assets. I continued to live in the apartment we shared after he left (he left in 2003) and just moved in September of 2009. The problem is this- the property manager in the former apartment changed 3 times since my husband left, and they failed to change the name under which the bank account was created, which held the original security deposit. My ex said time and time again he anted nothing. Now 5 years later, I tell my newest property manager I am moving, and I am told the security check will be in my ex husbands name. I speak with him regarding this, explain the errors, and he states “that’s fine, just let me know what and where I have to sign” now3 weeks later, the check has arrived in his name, he and his new wife just bought a town house, and he is claiming he never said that and is entitled to half, plus interest. Mind you- he has not paid child support or alimony, yet believes he is entitled. I know I should have had him sign something, but hadn’t. Is he entitled to half? Should this have been spelled out in the divorce agreement?

Obviously, this matter should have been addressed in the Separation Agreement when you got divorced. In order to know for certain whether it was in fact addressed in a general way one would have to review the terms of the Separation Agreement carefully. There may be a provision regarding marital funds or property, of which […]

Nov 27, 2018

Question #237: Me and my husband have been married only a year. We are talking divorce. We have a nine month old son. Everything we have is in his name. He never would put my name on anything after I asked him to. Do i have to leave with my son and find a new home or am I allowed to stay here and raise my son?

You do not indicate what state you’re located in, but in the State of New York, which is an “Equitable Distribution” state, all funds or property acquired during the course of the marriage regardless of and whose name such property is held is considered marital property and is generally divided in half. Thus, if the […]

Nov 27, 2018

Question #236:Generally speaking, if a couple who reside in New York state decide to divorce and jointly own property in California, does the California property fall under community property rules of California?

First, let me point out that the division of marital property under the Community Property rules of Californiaand the division of marital property under the Equitable Distribution rules of New York, although not identical, are very similar,with New York giving the judge somewhat more leeway in determining if one party should get more than another. […]

Nov 27, 2018

Question #235:We been married for 24 years in Wisconsin, things aren’t going so well anymore in our marriage. I want to get a Legal Separation to see if we can work through our marriage. He came to me saying he wants to sell our home, that we have resided in for 19 years and move to Georgia, cause cost of living is cheaper. He knows I’m going for separation and I think he wants to get a hold of the house money first. What should I do? and can he sell the house during a Legal Separation? Thank You

Do not sign anything until you have a clear idea of what you wish to do. If you are named on the Deed he will need your signature to sell the property. If you decide to sell because you think it is a good idea, have the net proceeds divided in half and your portion […]

Nov 27, 2018

Question #234:I have only been married for two years. I have two children and he has two and we all live Together in my husband’s house that he shared with his previous wife. We are having major issues and I don’t know what to do. We live out in the country around his family. All my family live out of state so I don’t really have a place to go. I left the house this weekend because my husband and I got into a heated argument and he had disabled the van I had been driving so I couldn’t go anywhere. I called the police and they came out to the house but by that time he fixed the van. Both of our young kids were crying, it was awful. He told me that I couldn’t come back to the house. My belonging are there. Does he have the right to change the locks on me? Can I call the police again before I go back? We have been staying in a hotel but money is running low. What are my rights as his wife although my name isn’t on his house. Can he just put my kids and me out?

He has no right to lock you out of the house. You should call the police and insist that you be allowed back in to the house and ask for an order of protection to keep your husband away from you and the kids until you can work things out or decide to get divorced. […]

Nov 27, 2018

Question #232:My husband and I were married in PR on a cruise ship. I have been with him since 2003 married 3 years now. I have left my job to help him raise his kids 14 and 12. He asked me and I agreed as I was let go from my job a year ago. I have worked part time to help with the finances but I was making 55k+ a year. He is in a custody battle with his ex now for the kids. I have 3+ years of journals of incidents that has happened with his ex and kids that it has ruined our marriage. I always bought the extras in this house…Christmas, B-days for his kids, clothes, last minute parties I put together, been there to pick up his kids from school, emergencies, homework time….etc even when his ex did not have no one to do I was there. There has been a time or two that she has tried to physically attack me since this custody battle has been going on. I know we have investments in our names and such, but I want to know if I can get some kind of alimony or relocation help or something to help me get back on my feet. I also had to wait 3 years for his ex to get off the insurance for him to out me on his insurance as it was indicated on his divorce papers with his ex. He is the bread winner in this house (VP for JPMorgan for 27+ years) and I supported everyone emotionally and such. We have no kids together. I just want to know where I stand to get out of this marriage b/c I given up a career as an accountant to be home for him and his kids!

If he has been supporting you during the marriage he will have to provide you with some spousal support to allow you to get on your feet and retrain or find employment in your field. Whatever assets were acquired during the marriage, regardless of in whose name the assets are held, is marital property and […]

Nov 27, 2018

Question #231:Hi, I’m ending a 19 year marriage in the state of New York. My mother-in-law bought and put the house we’ve lived in for last seven years (with three children) in her name. Is the house still considered marital property? It turns out my husband and his family have made sure that “nothing” is in his name, even though I know that its only that way on paper. We lived in a million dollar home, drove expensive cars and lived very comfortably, but on “paper” my husband has nothing. Now I’m with two teenagers in apartment, and he has the big house, expensive cars, and everything we own. What are my options? Thank You

If your mother in law bought the house with her money and not your husband’s, and if the house was held in her name, even if you lived in it, it is her house, not yours or your husband’s and you have no claim to it. If you can prove that the funds for the […]

Nov 27, 2018

Question #230:As a stay-at-home mom and full-time homemaker living in a community property state, who for the last 20 years has belonged to a stock club. The money for investing came from gifts from my husband and, earlier, in life, from parents. Is my husband entitled to any of the shares?

If the stock account is in your name only, those stocks that were purchased from gifts provided to you by your parents should remain separate property. The stocks that were purchased with funds that you received from your husband during the marriage, even if you describe them as “gifts”, are most likely marital property and […]

Nov 27, 2018

Question #229:I am disabled woman, my husband abandoned me over two years ago. He is living with another woman. He does not give me any financial support in two years. What are my legal rights?

If he was supporting you during the course of the marriage, you can sue him for spousal support. If you wish to get a divorce you can sue him based on abandonment and for spousal support. Leonard M. Weiner, Esq. / Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #236:Generally speaking, if a couple who reside in New York state decide to divorce and jointly own property in California, does the California property fall under community property rules of California?

Question #230:As a stay-at-home mom and full-time homemaker living in a community property state, who for the last 20 years has belonged to a stock club. The money for investing came from gifts from my husband and, earlier, in life, from parents. Is my husband entitled to any of the shares?

Question #229:I am disabled woman, my husband abandoned me over two years ago. He is living with another woman. He does not give me any financial support in two years. What are my legal rights?