MARITAL PROPERTY

Nov 27, 2018

Question #334:Hello. Sadly I learned too late that I married a liar and manipulator who after the reveal this past August of egregious financial abuse, a three year affair in a five year marriage and a personal physical assault against me making it unsafe for me to remain in our home, is now using the Michigan family court system to continue his manipulations with repeated subpoenas and motions that my lawyer is calling harassment and the judge will hear in the settlement conference soon (failed mediation because my husband and his lawyer refused to negotiate). With no one to stop my husband who is using a game of blame, moving goal posts every few weeks to keep the motions coming, I am preparing for a very long drawn out battle knowing that our case will go to trial- adding 1-2 years to this nightmare. Because he tied my hands financially in the marriage, withholding cash from me, I have NO savings, NO hidden cash. My only option is to leave with nothing because he has clearly stated in his answer that he prays the court will make me leave with only what I came into our marriage with… personal items only. He was a high wage earner in our marriage, worth 2m in assets. I am asking only for equitable distribution of our marital assets and a reasonable spousal support to bridge the changes I am forced to make in my life. At age 58 and because my current employer cannot offer FT work (working only 24 hrs/wk for four of our five year marriage) I would like to continue my education seeking a masters in nutrition of science- I can bump up my annual income with an additional $15-20,000 a year. I would like to begin soon and will need to take out student loan debt and potentially use credit cards to fund out of pocket expenses. At my age and in the dyer financial position I am in my QUESTION is: Can my husband in any way hinder me from pursuing this goal? Do I have to ask him for permission to apply for student loans in my name and to place out of pocket costs my new degree on my credit cards? Can he deny me? I am prepared to assume responsibility for my own loans. In fact, I carried the current student loan debt when I entered the marriage. I paid the monthly payments from my income. Can he use ANY LAW to deny me from adding to my student loan debt and adding books and other out of pocket fees to MY credit cards for what I consider an essential masters degree, providing a solution to my new financial challenges, caused entirely by him and his lies and manipulations? What are my rights in creating a healthy, financially sound life beyond him while waiting for the court to settle our divorce? I truly appreciate any guidance you can offer.

You do not indicate in which State jurisdiction you are presently under. In NY, the judge can decide whether the concept of “Marital Property” of the parties begins on the date the Summons and Complaint is filed or upon the date of the Court Order of divorce is filed. After such date all of the […]

Nov 27, 2018

Question #329:My wife and I married in 1993, I took my present job in 2000 and we separated in 2005 but did not do a separation agreement. We have child custody papers dating back to 2006. I am know 5 1/2 years from retirement and she refuses to sign divorce papers. Does she have right to half my pension when I retire even though our custody papers show we have been separated for over 10 years?

Until you formally file a Separation Agreement or your /divorce papers are filed with the County clerk, you are legally still married and any assets acquired during the course of such marriage is Marital Property. If you are located in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to […]

Nov 27, 2018

Question #322:My husband and I are planning on divorcing within the next year. He has been the main breadwinner for our 28 year marriage. In the housing crash he lost his practice (he’s a real estate attorney) & for the past seven years has been working out of the house (not sure of the amount he claims to earn, but I know it’s very little). I recently graduated nursing school(which I put myself through) & stand to earn over 80,000 being a RN on Long Island. He also stopped paying the mortgage over 5 years ago (my name is not on the mortgage & hasn’t affected my credit) & the house is in pre-foreclosure. I have a small inheritance that I will using for a down payment on a home which will be home base for my daughters ages 22 & 17. He just told me he is planning on moving to Belize when my 17 year old goes to college. He also told me he would be handing me the tuition bill as soon as I get a RN position. Does moving out of the country remove his parental obligation to his children? Also, since my salary is obviously on the books & his is not, does that give him any right to it? Thank you in advance for answering the question.

Your husband cannot absolve himself of his parental responsibility to support his family by just moving away, and you could get a judgement against him. However, I do not know what the likelihood of being able to enforce that judgment in Belize, as long as he does not return to the US. Begin the divorce […]

Nov 27, 2018

Question #310:New York: My wife and I were married in June 2010 and I bought a house in June 2013 in my name only, both on the deed and the mortgage. My wife did not contribute to the purchase or the monthly mortgage in any way. We moved into the house in June 2013 and I moved out in July 2013. I filed for divorce on July 15, 2013. She remained in the house, but I solely pay for the mortgage still. We are trying to list assets. My question- Is the house considered marital property if she never contributed, nor is her name attached to it? If so, the equity in the house would be possibly divided between the 2 of us? Would that be the equity gained between June 2013 and July 15, 2013? Or from June 2013 until now? * we have no children. we both are employed and aside from living rent free since I pay the mortgage on my house where she lives, she pays her own bills and receives nothing else from me. I had to move out of state in December 2013 for work, but continue to own the house.

The source of the money you used to purchase the house is very important. Please call me at 212-370-1660 to arrange for a meeting to discuss the matter in length. Divorce Solutions Leonard M. Weiner, Esq. 212-370-1660

Nov 27, 2018

Question #304:My ex and I 4 lots in New Mexico. I have paid taxes on it for 35 years, also made most of the mortgage payments myself. He now wants to sell it and split the profits. Does he have the right to collect?

Since title to the properties is held in both names, he has an interest in the properties. However, you can ask the Court to compensate you from the proceeds of the sale for all of the individual payments, such as the taxes, repairs, etc. that you made from your own money prior to distributing your […]

Nov 27, 2018

Question #302:I was wondering if you’d give me some legal advice. I’ve read many of your FAQ but can’t find one specific to my situation. My husband and I rented our family house in which we are both on mortgage and deed in September of 2012. In April of 2013 I moved back into the house by myself. So in all essence my husband has not lived there in over 2 years now. He keeps claiming he has the right to enter the house whenever he wants to, but I say no. I am also assuming that after being separated in NYS since April that it is considered a legal separation or am I totally wrong on this one? We live in Warwick NY, are you close for a consultation? Thank you.

Until you formally file for a legal Separation and it is filed with the County Clerk ,you are still considered married and all of your earnings and acquired property are “Marital Property”. The fact that you are not living together in the same house for 2 years is not determinative of your marital status. As […]

Nov 27, 2018

Question #298:I am married 30 years and live in New York – In our marriage I purchased 2 homes – Last year, I changed the deed to my spouse’s name. I am entitled to 50-50 marital property once divorce is settled?

If the money you used to purchase the houses was from “Marital” funds, (money earned by either party during the course of the marriage, not from inheritance, gift ,etc.) the property would be considered Marital Property and generally divided equally, regardless of in whose name the property is held. If you are living in the […]

Nov 27, 2018

Question #290:My wife was married before we were in the state of Florida. That is also where they divorced. As part of the divorce agreement, he kept the house, the pets, and his truck. All she received was her car and a painting of no value. Also as part of the divorce agreement, he was to pay the mortgage, his truck, the past due vet bills and a couple of other bills, and she would pay her car. She has paid her car every month on time and has not missed a payment, putting a good mark on his credit. He on the other hand has lost the truck, the house went into foreclosure, and none of the bills were paid, as all the bill were in both of their names, it has hurt her credit, and we are not able to buy a house. She is selling her car, paying off the balance, and will make a profit on the car. Because his name is still on the loan, he has to sign to agree to sell the car. He said he wants half of the profit in order to agree to the sale. Does he have a right to the profit since the court gave my wife the car, and he has ruined her credit? If we get to cash the check for the profit, do we have to give him half? Is there a way to go after him for failing to do what he agreed to, which has an impact on our life? Thank you very much for any help!

If the Court granted your wife the car (is it in a written Court Order?), the title to the car should have passed to her alone. The fact that her Ex is still liable on the loan does not give him an equity interest in the car. From a practical point of view,however, I would […]

Nov 27, 2018

Question #287:After 20 years we have agreed to get a divorce in NJ. The Judgment states that we will split our marital assets 50/50, including 401K’s, Pensions, and IRA’s. The pensions are being divided via QDRO and the date for this division was determined to be April 25, 2011 which is the date my wife first filed for divorce. My 401k balance as of that date was $66,000. In November 2011, the balance increased to $88,000. Here is my question: Which “balance” of my 401K will be used when divided it 50-50. The $66k balance as of April 25, 2011 (when my wife filed for divorce and when we agreed our Pensions are to be divided) or the current balance of $88K, the increase of which occurred in November 2011?

I have not read the Judgment or Order of the Court , nor have I seen any additional Separation Agreement or Stipulation you may have entered into which may clarify this issue, but based purely on what you have written in your letter , it seems that just like the date of the pension was […]

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 […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #304:My ex and I 4 lots in New Mexico. I have paid taxes on it for 35 years, also made most of the mortgage payments myself. He now wants to sell it and split the profits. Does he have the right to collect?

Question #298:I am married 30 years and live in New York – In our marriage I purchased 2 homes – Last year, I changed the deed to my spouse’s name. I am entitled to 50-50 marital property once divorce is settled?