Question: Without going through all of the distasteful details, after being married for only nine months, I discovered that my husband is a homosexual and has had a number of relationships with other men. Needless to say, I have been very concerned about sexually transmitted diseases. When he refused to be tested, I left him and became even more concerned. Why would he refuse to be tested? How can I force him to take the tests so that I can have peace of mind?

Answer: While your concerns are definitely warranted, without your husband's consent or a court order, you will not be able to require that he be tested. Since you say his consent is unlikely, your only other option is to bring marital litigation. By so doing, you can use the discovery rules that, in most states, will allow your lawyer to ask a family court judge to require that your husband to submit to a physical examination. Under these circumstances, we believe that testing for STD's, HIV, and AIDS should be included.

If your husband contests your attempts, he will probably raise his Fourth Amendment rights to be free from unreasonable searches and seizures; however, based on these facts, we don’t believe he should be successful. Like you, we cannot understand your husband's recalcitrance; however, because of the gravity of the issue, we would advise you to hire an experienced matrimonial lawyer to protect your rights.

Question: My wife and I lived together for two years prior to our marriage. Before we married, I put up a $10,000 downpayment to buy a house. Against my better judgment, I had the home titled in our joint names in anticipation of our marriage. After our marriage, we both signed the mortgage. Now that our marriage is breaking up, my wife is claiming half of the house. I think this is unreasonable, yet I don't want to get into a long-term court fight that costs more than the equity we are arguing over. I don't want to spend a lot of money, but sometimes it's the principle of the thing. Do I have a chance?

Answer: When you titled the home in your fiancé’s name prior to marriage, you made a gift of that half interest to her. In addition, some courts have ruled that when premarital property is titled in the names of two individuals who then marry, the property is converted to marital property and is subject to being divided; however, the manner in which the asset is divided will generally depend upon the values of the contributions made during the marriage. This means that you both have a tracing and accounting problem. Bottom line: If you and your wife had negotiated and signed a co-ownership or premarital agreement when the property was purchased, you would probably not have the problem you face today. Because you didn't, we suggest that you decide if the equity in the property - and principle - are worth the expense. If the best you can do if you win is get the $5,000 equity in her name, we don't think it is.

Question: During our divorce negotiations, my wife and I agreed that her contributions toward our marital assets over the past 20 years amount to 40 percent of what we own, and I have agreed to transfer to her assets totaling 40 percent. But we are at a stalemate concerning the value of certain properties. My accountant says that in order to arrive at the true value, the accrued capital gains taxes that I will have to pay if I dispose of the assets in the future -- nearly $50,000 -- should be deducted from the total value of the property. My wife's lawyers don't agree. I can't understand why I should not be given credit for the taxes I will have to pay later. Otherwise, she will get a windfall.

Answer: If you were required to sell your assets to satisfy your property obligations to your wife and to give her cash, that would be one thing; but here, as we understand it, you will be able to satisfy your obligations by transferring 40 percent of the assets to her. Since a transfer of assets to a spouse as a part of a marital property division is not a taxable event to either of you, it would be inappropriate to allow an adjustment for taxes. On the other hand, your wife certainly will not receive a windfall. Since you won't pay taxes on the transfer to her, if and when she sells what she receives from you, she will incur a capital gains tax -- other than for the home under certain circumstances. Don't waste any more time on the tax issue, resolve your differences, and move on with your lives.