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Divorce Source Community Forums >> Property and Debt

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1105
recently joined

Reged: 01/07/12
Posts: 1

Property

#773357 - 01/07/12 09:50 PM

My husband and I have been married for 8 years. My parents gave me 9 acres of land with a house on it since we have been married. The land is solely in my name and was a gift. My husband says that if we get divorced he is due 1/2 of the property. I want to know if that's true??

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Renny
addict

Reged: 09/24/11
Posts: 479

Re: Property

[Re: 1105]
#773360 - 01/07/12 10:53 PM

If it was a gift it is separate, nonmarital property, not subject to division.

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Robert_Nowak
journeyman

Reged: 06/04/05
Posts: 54
Loc: Glen Head, NY

Re: Property

[Re: 1105]
#773385 - 01/08/12 05:00 PM

In New York the property would be considered separate property. Any appreication might be considered marital property. If there was no appreciation he would not be entitled to 1/2.

--------------------
Robert E. Nowak, Esq.
107 Northern Bvd.
Great Neck, NY 11021
516/487-8200

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JustEileen
recently joined

Reged: 01/24/12
Posts: 1
Loc: Washington State

Re: Property

[Re: Robert_Nowak]
#775466 - 01/24/12 03:51 PM

The husband is claiming that I have property that does not exist. He says I have 20 1/4 oz gold pieces and 200 Silver Dollars. How do I defend myself against these lies? I have receipts for the gold/silver that was already turned over, but there aren't any more receipts for the non-existent items. Who has the burden of proof on this?

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Renny
addict

Reged: 09/24/11
Posts: 479

Re: Property

[Re: JustEileen]
#775478 - 01/24/12 06:28 PM

You have a duty to disclose assets in discovery. If he is claiming fraud (the hiding of the non-existent gold/silver), he has the bop to show they exist and you are hiding the loot. It's best to stick to orderly discovery and motions, and not worry about claims made in letters and emails.

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