I live in New York, my husband of 3 years has not worked 2 1/2 years of those. His mother recently deeded him and his brother a piece of property for $1, which now they are fighting over. His brother has offered him monies for the property. We are now no longer living together. Am I entitled to fight for any of these monies?
Property that is received by gift or inheritance and maintained in an individual’s name and not co-mingled with other marital property will remain separate property, and not part of the marital estate. Therefore, if you were to divorce from your husband, the property would not be included in the marital estate, and you would have no interest in it.
The only benefit you may have is that the court would take his assets, including this property, into consideration when determining child support and spousal support.
If you are located in the metropolitan New York City area, I strongly recommend you consider mediating the divorce by giving me a call at 212-370-1660.
Leonard M. Weiner, Esq./Divorce Solutions