Friday, January 4, 2013
Is spouse entitled to share property?
Q: If I bought a house when I was separated from my spouse will my spouse be entitled to a share of that property during the divorce. It was purchased when separated and only my name is on the title. Also if he gets sick during separation can I be held responsible for his medical bills.
David’s answer: Generally all property bought before the divorce is actually filed is considered "marital property." That said, the Court can absolutely consider whether the house was bought during a period of physical separation as impacting the percentage she would receive of the equity value. Furthermore, a similar analysis is done for debts. If he incurred debts during a period of physical separation, by statute they are still characterized as marital debt until the divorce is actually filed. However, the Court is no obligated to assess you with 50% of the debt - instead the Court will determine what is "fair" pursuant to the laws of Equitable Distribution. -- David Bliven, Bronx Divorce Attorney (www.blivenlaw.net)