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Tina, beenwill be married 6 years this August. I was married…

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Hi Tina, beenwill be...

Hi Tina, beenwill be married 6 years this August. I was married before and my wife passed away. I bough my house with my previous wife. My new wife's name is ***** ***** the house. My current wife has not put anything into the house. She has given me $200 a week toward expenses, which is a small percentage of the house expenses. I also paid her car payment with the money she gave me. I would give her some money, but what am I legally responsible to do. I still work. She is retired on social security. I live in Stony Brook, New York

Lawyer's Assistant: What state is this in? And how old is the car?

This New York, this is for a divorce, she leases the car

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 1 year ago.Category: Legal
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Answered in 5 minutes by:
4/1/2017
Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,804
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 1 year ago

This would be separate premarital property in a divorce property settlement.You owned it prior to marriage and that has not changed since you did not refinance or add her to the deed.The small amount she paid here would not change that she was getting to live there as a guest.If you divorce the court will award this to you as separate property in the property settlement.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Lawyer: Ray, Lawyer replied 1 year ago

Separate property is not divided when a couple divorces. Instead, each spouse gets to keep his or her own separate property, except to the extent that the other spouse has contributed to its increase in value. Separate property includes:

  • property either spouse acquired before marriage
  • property either spouse received individually as an inheritance or gift, except from the other spouse
  • compensation for personal injuries to either spouse
  • any property characterized as separate property in a valid prenuptial agreement or other written contract, and
  • property acquired from the proceeds or appreciation in value of separate property, unless that appreciation is partly due to the efforts or contributions of the other spouse.

http://www.divorcenet.com/states/new_york/nyfaq04#

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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