Legal Question in Family Law in New York
separate property
I have a saving account which is separate property(i had it before i got married and no money was deposit in it while i was married) i wired some money to a member of my family who's planning to buy an appartment but I am filing for divorce now. Can this be considered illegal because i read that some people transfer money to relative while filing for divorce in order to hide property from their spouse which was not my case because this is separate property? Should I put this money back in my saving account to avoid trouble?
is it true that a bank account on which we receive wages can become marital property? Is this applicable only to the amount received since the day of marriage or the whole amount in that account even if i can prove how much money was on it the day i got married?
2 Answers from Attorneys
Re: separate property
You have many questions and should not enter into a contested divorce alone. As soon as the divorce was filed you should have become much more careful about transfering any property. As to the money you transfered out of your account, it is only an issue if it was transferred after the divorce was filed. Feel free to contact me for further explanation.
Re: separate property
It sounds as if there may some issues which would constitute your divorce as "contested" as opposed to "uncontested". If you do not have an attorney I suggest you consider hiring one because based on the questions you ask, there may be some issues that a pro se litigant should not attempt to address without representation. Separate property can become subject to the equitable distribution laws of NYS and thus may be considered marital property under some circumstances. Please feel free to contact me for a consultation. www.traceyabloodsaw.com
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