My husband and I have been together for six and a half years. We have a four-year-old child. He has a home that he purchased in NY in which we reside. We now live in NJ in a home that’s in his name. We got married in June of this year, and everything seems to have gone downhill from that moment. My question to you is, am I entitled to either of the homes if we were to divorce now even though we’ve been together for years but only married for months? Please answer my question as soon as possible.
You do not have any claim to property owned by your spouse before the actual, legal marriage. Even if he acquired the property during the marriage, he used funds he had before the marriage and kept the property in his name. It is separate property and not marital property, and you would have no claim to any portion of it.
You should be entitled to spousal support and should also get child support, however.
If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter in greater length.
Leonard M. Weiner, Esq./Divorce Solutions