The Basics of Property Distribution 248

What Happens to Your Stuff When You Divorce?

When a couple decides to divorce, one of the issues that will have to be addressed is the division of their property and debt. Generally, the court will resolve this in one of two ways: equitable distribution or community/separate property. Let’s have a look at both.

Equitable Distribution

Equitable distribution is considered to be a fair (but not always equal) distribution of all the marital property and assets. Typically, the spouse with the higher income will receive a larger portion of the distribution based on the assumption that they contribution more financially to the union. Equitable distributions are used in all states except community property states.

Community Property

Property is categorized in one of two ways: community property or separate property. Separate property consists of property and assets that were acquired prior to the marriage as well as inheritances, personal injury awards and workers compensation, even if it was received during the marriage. Separate property is not subject to distribution and stays with its original owner. Community property is any property and assets that were acquired during the marriage (with the few exceptions noted above) and is divided equally between the two parties. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico are all community property states.

Debts

Debts are treated in much the same manner as property. However, it is not uncommon for the court to order the higher-earning spouse to pay for certain debts that should theoretically be the responsibility of the lesser-earning spouse. For example, the court may order that the lesser-earning spouse can live in the marital home however; the higher-earning spouse must continue to pay the mortgage.

Fault or No-Fault?

In some states, a no-fault divorce is allowed and property distribution is not affected by individual actions of the parties. However, many states also allow an “at-fault divorce” where both sides are allowed to present evidence that would place “blame” on the other spouse. In the case of at-fault divorces, the property distribution can be affected by the behavior and actions of the spouses. For example, if it is proven that one of the spouses had an extramarital affair, that spouse may receive a lesser portion of the marital property.

Planning Ahead

One way to ensure that both parties receive a favorable distribution is to create a prenuptial agreement prior to the marriage. Assuming that the agreement doesn’t overly benefit one spouse more than the other, the court will typically grant the property distribution as outlined in the prenup.

Alimony and child support are addressed separately from the distribution of property and assets. If all of these issues are easily agreed upon, you may be able to use a do-it-yourself divorce form. However, most need the assistance of an attorney.

For more on divorce and property distribution, check out these books on divorce and money (book review) and protecting your financial security when getting a divorce (book review).

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Discussion

  • peggy

    I was married for 27 years, native state of Louisiana, and divorced in 2000. My divorce papers state that property distribution would be decided later at my discretion. Because my son (then age 17) was still living with my ex-husband and I left the home in search of employment out of state, I elected not to divide or sell the family home at that time. My ex-husband has continued to live in the home and has since remarried. He has refused to settle this out of court with me and I have not forced the issue in an effort to resolve it without hard feelings. I worked the entire time we lived together in our home from 1981-1998. I continued to send money for my son to live there after I moved out. The home is paid for and owned free and clear. How should I go about handling this issue now and get my share of this equity? I had paid a lawyer to handle this matter for me and he took my money and ended up disbarred when several clients (including me) complained to the Bar Assoc. My ex-husband has sold off some of our assets acquired during the course of our 27 year union. I am uncertain how to proceed having been burned once by a lawyer in the past. There is no time limitation on community property in Louisiana and I am entitled to this settlement.

    pp

    • Monica

      You (or your attorney) will have to file a motion in court requesting that the community property assets be divided and/or allocated, including the home. If your ex-husband has since sold some of the assets, and if you can prove it, he may owe you half the value of those assets.

      You should file a motion as soon as possible. Contact the Louisiana bar association to obtain a referral for a family law attorney in good standing with the bar, or request a review of your case here.

  • Jason

    I have a question to ask on the letter said “As i will notice in the petition,my wife intends to seek a ” status only” divorce. What it this mean ” this means that issues regarding property distribution, child custody, child support, and spousal support, among other things, will not be addressed. These issues will be left out for me and my wife to handles. My wife simply wants to dissolve the marriage and return to single status.

    That mean I have paid for property distribution, child custody, child support, and spousal support. Because i don’t make alot of money but my wife alot of moneys, I need your answer!

    Thank
    Jason

    • Monica

      If your wife filed for a “status only” judgment, that means that marital status will terminate and the court reserves jurisdiction over spousal support, child support, custody and division of property. A status only judgment does not address anything other than the termination of marital status – that does not prevent either you or your wife, however, from seeking separate support or custody orders to address those issues.

  • Troy Millsap

    Do I get credit for the money I have spent to live outside the home after separation, prior to the divorce being final?

    • Monica

      In a community property state, and if you spent community property money after separation to live outside the home, you will be charged with one-half that amount, since one-half of the community property belongs to you and the other one-half to your spouse.

      If you spent separate property monies after separation (such as post-separation earnings) to live outside the home you are neither charged nor credited.

      If you continued to pay the mortgage for the family residence and your spouse continued to live there while you lived outside the family residence, you may be entitled to the fair rental value for your spouse’s use of the family residence.

  • Jang

    Husband and wife buy property; property in wife name only. wife cheats and is pregnant by another man. Husband wants divorce. does he still have to contribute to property mortgage? husband wants to walk away, period. State; Georgia

    • M. Mazzei

      If Husband was contributing to the mortgage payments during the marriage he must continue to do so until there is a court order that provides otherwise.

      • Suzie

        Live in California. At the end stages of divorce. While married bought our home and took out a 2nd loan (all in my name only due to better credit) Just short saled my home and now left with a $200,000 debt from the 2nd loan. Husband refuses to contribute to help pay back the loan (since he is not on the loan) and he will walk away free and clear. I will eventually file BK. Not effecting him. What can I do or what options do I have so that he will be hit with my BK too?
        Thank you

        • Suzie

          Referencing your answer below from my initial question you gave me a while back. I have a counter question from your feed back.
          Answer *Typically in California the marital debt would be equally split between you and your husband in the divorce. This is true regardless of Whose Name the loan is in. Since you are assuming 100 percent of the debt in the divorce, the bankruptcy trustee may file an action against your husband for his 50% interest if you file bankruptcy within one year of the divorce.
          However:
          The bankruptcy trustee is not able to file a suit against your husband to collect 1/2 of the debt—at least NOT UNTIL a family law judge has Ordered that he pay half of it. That is why I suggested asking the court to Order that he be made responsible for his share of the debt–or have the court award you a greater share of the marital assets in what is known in CA as an Equalization of Community Property.
          *Ask the court to include the entire outstanding debt created by the short sale he forced you into, as marital debt and ask that they assign him a full 50% of that debt.
          “My new question”?
          If I got a family law judge that Ordered that he pay half of it and I file BK the whole debt gets wiped out correct? So how can the bankruptcy trustee go after him for his 50% interest of the debt that is wiped out and doesn’t exist anymore?
          Not understanding.. Please explain your answer for me?
          Thank you,

  • Brian M

    I have a question im recieving a structured settlement it was settled during my marriage but it happened to me when I was a minor now my wife tells me as soon as I get the money shes entitled to half and then is going to divorce me if she allowed to do this I live in nevada. Any suggestions thank you

    • monica

      It depends on what type of settlement you are receiving. In Nevada, a portion of a personal injury award which is attributable to the pain and suffering of the litigant is not distributable in a divorce, but the portion of the award attributable to lost wages or impairment of earning capacity may be distributable in a divorce.

  • Jayne

    Hello, in the process of divorce. Right before filing, my husband sold off assets without my knowledge (motorcycle, several investments), and he has used that money to pay for a (reportedly very good) lawyer, whilst I’m stuck with no money for counsel myself. He says I’m going to get half the money from the motorcycle and investments “on the back end”. Do I have legal recourse? What’s my next step?

    • Monica

      If you live in a community property state, the following will apply: during the course of the dissolution you will be required to list all community property. Be sure to list the proceeds from the sale of the items which were sold. In the division of assets, the court will award you half the value of these assets.

      You should also have access to community funds with which to retain an attorney.

      • Jayne

        Even though the money has already gone into his lawyer’s pocket, it will be included in the division of assets?

        Thanks for your reply, btw.

        • Monica

          If the items that your husband sold were community property you will be offset for one-half that amount in the division of the assets. However, if you withdraw a like amount from community property to pay your attorney then it will be a wash.

          If your husband has retained an attorney, I highly advise that you also retain an attorney.

  • Terry

    I live in La and divorced my wife of 30 years. After divorce i granted in the decree that she can live in our residence free until our property settlement.
    I then went and lived in a rental unit we own. We are trying to settle or property after a 5 year period of time… She now wants me to pay her rent and that unit…. During this time I have rented the other units we own and she has shared in the profits and loses… We also have another property that we own outright and where she has her business…. She claims not to owe me rent on that property ….. Why should she get rent from me and not pay any rent? I am not claiming any on the main residence where she resides.

  • Tracy

    In an Arkansas divorce a vehicle titled, licensed, insured and financed solely by the husband is award to the wife with the contingency that she secure her own financing, title, license, insurance, etc completely releasing the husband from the obligation. Several months have passed and the wife is in possession of the vehicle but not making payments and has taken no steps to refinance or license the vehicle in her name. What recourse does the former husband have?

  • cherie hutchinson

    I live in Louisiana. My divorce has been granted for about a year now. We have not settled property yet. I still don’t have a clear answer as to why. Is there something I can do to push this issue? I do have an attorney, and she just keeps telling me she has been calling and she is waiting on them. I am ready to call my ex’s attorney myself. Is that totally out of the question? My life is on hold waiting for this money…paying off bills that I am accumulating raising two children with a job that has cut my hours in half due to the recession. Thanks for you help!

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      The length of time it takes to negotiate and finalize a property division often depends of the complexity of the issues involved. You should contact your attorney in writing (e-mail is an expeditious way to do this) to obtain the status of your case.

  • http://myfamilylaw.com Cindy B

    My sister is going thru a divorce in Mississippi. They have NO kids. She makes more money than him and has always paid the house and other utility bills where he paid for groceries and anything that he wanted to do. He has a Harvey motorcycle that is paid off in March 2010. She has a retirement fund around $60,000. He tells her the house only appraises for $62,000. But he wants the divorce and the house with her to leave the house with nothing but her retirement. And go buy another house with her retirement savings….He made calls and text messaged another woman during the last 4-6 months of the marriage….He says no affair what I dont know….What should Tell her..besides go get another attorney….Really need help…

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      Your sister should seek advice from a family law attorney in her area. If the house was purchased during the marriage then both parties are entitled to half its value. It may make sense to sell the house and split half the sale proceeds between them.

      • Dave

        I was wondering on this post. See our house was purchased after we got married and it the house was in both our names it was paid in full with money she had before we got married that came from her dad who died in a fire. We live in Ohio and have been married for 25 years. I never cheated on my wife and never lied to her. She left me and I have been here in the house we bought and paying all the bills since she left. I was wondering would we too be entitled to half our house value and half of what it finally sells for??? Thanks for your time.

  • Justin

    Me and my wife have been seperated for 9 years.When we split I left
    everything and we have since both moved on. I have lived with my current
    girlfriend for 7 years now. Everything we have we aquired together. Now we are going through with our divorce and she says she can take half of everything I have now. We didn’t own any homes or stocks or anything like that , just regular household items and a car which was reposessed. We do have children but all that was settled through the Attorney General years ago. I live in Texas I know that this is a community property state, but would a judge really give her half of things she had nothing to do with? And how do they decide if the belongings are mine or my girlfriends? Are they going to take her stuff as well?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      In some states, property/income acquired after the date of separation is separate property. This may or may not be the case in Texas. You should consult the Texas Family Code to find out the significance of the date of separation.

  • pat

    my brother is very ill..he has lost a leg has diabetes heart issues etc and is in his 50s..and is unable to work and is to get a workers compensation disability award…his wife of 13 yrs has decided out of the blue to divorce him..poor guy..he is very upset..anyway will his wife be able to get any of his disability award in the divorce>she is in her 40s and full time employed..plz let me know thanks

    • james

      I live in Alabama and am in process of divorcing the only shared property is my Ford truck that is financed in both names pay off is low but my soon to be ex is seeking half the blue book value of my truck will a judge award her half of this amount even thought I left her with everything?

  • Rebecca

    If our house was purchased in full with a
    trust fund/ annuity payment from a lawsuit
    settlement when he was 10 and my name
    is listed as 50% owner is it still considered
    community property?

  • Denise

    My sister’s divorce was recently finalized with the decree stating that the marital home is to be sold. Her ex-husband has not yet left the home and will not cooperate or communicate with her regarding moving forward and contacting a real estate agent. What steps can or should she take at this point to initiate the selling of the home?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      She may have to file a motion to enforce the divorce decree/judgment if her ex husband will not cooperate in listing the home for sale.

  • cherie

    I am engaged to someone in Louisiana that makes about the same amount of money as my ex. Can my ex go after my fiance’s money to reduce child support or not give me the property settlement?

  • alicia

    can my spouse get half of my structured settlement from a wrongful death suit?

  • Brian

    Hi,
    I was married in sept 2005, in janurary 2008 my spouse left to live with her parents after her alcohol/drug issues became too much for me to deal with. I filed for divorce in October of 2009 after finally being able to afford it. The only thing my spouse is asking for is the “equitable division of martial property.” Do purchases I made after she left count? How is the debt we racked up during our marriage (mostly under my name) counted in the division?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      The division of marital property will depend upon whether you live in a community property state. If you live in a community property state, then all property acquired during the marriage is community and will need to be divided between you and your spouse. Generally, property acquired after the date of separation is your separate property and is not included in the marital estate. Likewise, all debt incurred during the marriage is community debt which both spouses are responsible for.

  • lisa

    I am divorcing after 21 years of marriage. I have made several proposals to try and end this without getting attorneys.I only asked for certain household items and 700 dollars a month. He makes 30 dollars an hour and I make 10. He claims adultery which is untrue. Emotional and physical abuse is what has ended the marriage and he was arrested last month for domestic violence against our 17 year old daughter. He says because he thinks I had an affair, he will make sure I leave the marriage with nothing. I am under the impression that there will be an equitable distribution for the both of us even though I can prove abuse through arrest records. My question is that will his claims of adultery in court cause me to recieve nothing at all in the divorce? I live in Ohio.

  • Mindy

    In the state of Mn : Are social security disability benefits considered marital property or separate property if the person was disabled prior to marriage?

    Thank you!
    Mindy

  • Kessa

    My ex and I are getting a divorce and we can’t sell our house right now because of the real estate market. We have decided to keep the house and be co-owners until the market comes back up and then equally split the proceeds. We are thinking of renting it for 2 years until we sell it. Can we do this?

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      Yes, you and your ex can agree to co-own the house until you sell it. However, you want to be sure that your settlement agreement is filed with the court and addresses payment of the mortgage, repairs etc. until the house is sold.

  • Michelle

    I’m fixing to go through a divorce. My ex is trying to make a deal with me on certain things to prevent me from taking him to court. We live in Louisiana. My ex grosses approx $8000.00/month and I gross approx $1200.00/mth. We don’t have much community property together. I want to know about the community debt. With him making a great deal more money a month than me, how is the community debt usually decided? Will the judge split everything down the middle or would he take into consideration my regular monthly bills, the child we have together and the fact that my ex makes so much more than I do?

    • josh

      your an asshole lol gold diggers are soooooo funny

  • Rick

    I was married for 14 years and now divorced for 2. My ex wife recieved half of the house. And now after two years my lawyer notified me and told me that my wife will be taking some of my retirement for the rest of her life. I was wondering if she has already married if that defaults the whole thing. Why after 2 this has come about.

  • Jacqueline Flake

    My divorce was finalized in 1995, prior to the finalization of the divorce I was awarded sole possession of a boat because my ex cleared out our accounts and left me and the children with no money. My attorney filed to have the boat awarded to me to dispose of as I felt necessary and this was in fact awarded by the courts. That said there was a case where restitution was awarded in a criminal action for damages to the boat by a third party. This person skipped town without paying. In 2005 he paid the debt of 2600.00. However this debt was paid only to my ex husband, and I discovered a couple of days ago the funds were sent to the State of Arizona unclaimed funds in his name only as he was listed as the sole owner of the boat at the time of the damages. I contacted him and we mutually agreed that he would collect the funds and they would be divided equally between our two adult children. Later that day he did a total turn around and basically told me that he was not going to collect the funds and wished I would drop off the face of the earth. That said, my question is since I was awarded the asset of the boat, am I entitled to receive these funds? (it is still my intent to adhere to the verbal agreement to divide the funds equally between the children.) How do I enforce the collection of these funds, and what are my rights? What papers do I file? Order to show cause? a type of petition? ect…

    • doris

      My husband left home and property and moved out of state for 18 yrs
      leaving me to pay the balance of the mortgage owed, property taxes etc : He sent no support ever. Now after all this time he returns and want to reclaim. Is there any options I have by Va law to prevent his claim to ownership, by deserting the property and me. I am planning to finally file for divorce. He says he is also and ” taking his part”.

  • Joan B. Sockwell

    My neighbor divorced his x-wife shortly thereafter started taking up with another women. Whom claimed she owned her own home. Next thing you know his disabled adult son that had been living in the house. The girlfriend who had no legal claims to the home told him to get out of the house and basically threw him out in the street. Now she has packed up and claims she is moving back to her home and the guys Dad also, she wants his Dad to sell the house. Since the grown son does have a disability is this true can his Father actually sell the house and listen to the women and no longer provide shelter for the son that is disabled? Now that they have moved back in with the girlfriend could the son move back into the house would the law be on his side?

  • silas

    i been married for year and half. my wife wanted to move to another state so i did now we been in new state for a year and my wife back to state we lived and she told me she cheated i forgave her.. than she told she pregnant and its mind.. i dont know if its mine. two weeks later she goes back and now she wants to live there.. so she cheated and wants a divorce .. she wants me to give her money and give everythin to her… my question is can she take anything from me when i dont have anything new since we been married and do i have to give her money when the divorce happens ,,, please help

  • Jesse

    My divorce was final in Nebraska. My ex-husband has failed to comply with the property settlement for both personal property and money ordered to be paid. What can I do to enforce the settlement?

  • david

    My wife of 21 years has asked for a divorce, she has a medical condition that has only been around since October of last year and is on short term disability – but thinks she will get long term disability, she is claiming under equitable distribution she is entitled to move than 50% of the marital assets and that she gets to take the monies she got as an inheritance off the top before we settle the real estate we have acquired over the last 21 as she put those in with the intention of getting that back (we are taking a bath on all of it.

  • JoAnn M.

    Is there a statute of limitations in California for a separation? My boyfriend has been separated from his wife since 2006. The divorce proceedings have stalled as his estranged wife refused to communicate or proceed forward. He thinks that after 7 years of separation, she may forfeit her rights to claim her share of his 401K then. I said a divorce is not automatic and statute of limitations does not apply to divorce cases. Who’s right? And isn’t she still entitled to her share of his 401k even after many years of separation?

  • Robert

    Spouse took most (~80%) of our community property (couch, tv, etc…) with her when she moved out. We live in a community property state. Her attorney now says there is no proof that those items have any more value than those she left behind so the distribution is fair. Neither of us make a lot of money and the total resale value of what she took might be ~$7000. What are my options? I know an appraiser is one, but that may cost more than I’m entitiled to.

  • XAG

    I reside in Louisiana and purchase my home prior to my marriage in 1993, however doing the marriage (1995) I had it refinance 1998, and was divorce in 2002 due to her adultery act. Will the home be consider as community property since I had it refinance? Does adultery play a part and are there any court cases that can be cited?

    Is property purchase (during marriage) with VA disability that I was in receipt of prior too marriage consider as community property. Are there any court cases that can be cited?

  • Sue

    My 8 month pregnant niece’s husband walked out on her. They have not done anything legal yet but he informs her that according to Oklahoma law, he can come to their apartment where she is still living and take anything he wants because Oklahoma is an equitable property state. Can he just come in and take everything and leave her with nothing?

  • Ernie

    Five years ago, while living in New York, my wife and I executed a separation agreement. I now live in Ohio and my estranged wife is still in New York. After the separation agreement she bought property in Ohio. I believe Ohio does not recognize separation agreements from other states IF THE PARTIES ARE DOMICILED in OHIO. What about if one person is living in Ohio and one person is not?

  • Shawna

    Is it legal to sell an asset prior to filing for divorce in California? The proceeds will be used to move out of state.

  • Angelize

    I divorced my abusive spouse 6 years ago in Louisiana. He forced me and our 2 young kids out of the home (which was purchased by both parties during the marriage) during a violent rage in 2003. He has since then assumed sole ownership of the house. Though I desired to settle the property at the time of the divorce, I could not afford to retain an attorney to do so and he was content to live in the house without settling the property division. Now, several years later he does not want to agree to a 50/50 settlement because he has Invested more money than I have into the property and the mortgage. Is he entitled to more than 50% if we were to sell the property since he’s been paying the mortgage?

  • Angelize

    Is my former spouse entitled to more than 50% of the community property (family home) settlement since he has lived in it and paid the mortgage for several years following the divorce? (Location: Louisiana)

  • Mary Jane

    If you were married for 27 years he must have been a pretty good husband especially for you to leave him with your son? If you left the home and he took care of your son why should you be intitaled to half ??? Did you really send money for your child really?

  • Aida

    My uncle was deported from this country and when he was deported his wife divorced him. They both agreed to the divorce but his wife was the one to write the divorce papers up. He is in another country and was not able to sign it so somehow she got the papers signed and in the divorce papers she wrote that she would get couches. My uncle, however, gave the couches to my grandma. Now she is taking this to court. Is it even legal for her to have the divorce papers signed?

  • Walt

    Live in VA. I have been divorced since 2008. Decree ordered sale listing of marital home upon child reaching 18. Child reached age 18 and had to take ex who resides in house to court to enforce sale order 2.5 months later. Court advise ex to cooperate with sale listing as ordered. Ex placed sign sale by owner and posted one picture on sale by owner web site. I continually called to get a status with no reply. I demanded house be listed with realtor, no reply. I contacted realtor and made appointment to look at house. Called ex and provided over 48hrs notice that I needed access to house to show to realtor, no reply. Realtor comes, unable to enter house but comments on all trash and junk around house. I was told and shown pictures of inside of house showing trash and junk in all rooms, no maintenance or cleanliness. Call ex and requested meeting, no reply. Mortgage payment is current. 4 months since child reached 18 and still no cooperation and worse yet no reply to calls, text or email. Never home when I come by. To recap, decree order home listing and sale, 2 months later court ordered again to list and sale, 2 months later no contact, no cooperation, house in terrible condition (one would say sabotaging any sale possibility). What are my options?

  • mike

    my question is i got married with my wife in 10-30-2008 and i applied for the papers and she got her 2 years temporary green card which will expire july 2011 but i found out she having a affair with somebody else and she left 5 months ago telling me we cant get along . i want to ask that i have a business for 7years if i file for divorce next month will i have to give her half of my business or what. its a corporation which was made in 2004 . or the court will see that how much money the company has made after we got married i am just curious to know that . i would appreciate that any lawyer can give me suggestion what to do

    • Vickie a

      Since her temporary 2 yr green card has expired, it will be time for her to file for a permanent card. You can try contesting to the homeland security and ask that they NOT renew her green card based on the fact that she moved out and abandoned the marriage relationship. If you have tried to make the relationship work, but if she has not, you may ask homeland to consider that the relationship be based on fraud and ask that they deny her petition for a permanent green card. Be honest if you choose this option. Homeland will investigate the claim and then make a decision to renew or deny her green card based on both your answers. If you feel her intention was less than honorable, then definitely contact homeland security to have them investigate that claim.

  • Jill

    My community property settlement stated that our home and acreage would be signed over to my spouse once he paid me a (specified) cash settlement. He signed, I signed and the judge signed. It has been 3 weeks since the expiration of his time limit to pay. He currently resides on the property and my name is still on the deed. What recourse do I have to hold him accountable?

  • Ichabod

    I divorced my wife 18 years ago in Arizona. It was agreeable and manged without a fight. The assets were not divided equally, I received 25%, she the rest. The assets I received were the primary domecile with a net value of $6,000.00, my 401K valued at $30,000.00 and a rental property with a net value of $4,000.00. The decree called for me to pay alimony of $500.00/month for one year. She remarried six months later ending the alimony after I discovered the new marriage. My 401k at the time of the civil divorce was valued at $30,000.00 and hers at $306,000.00. She agreed to decree $50,000.00 of her 401K to me at the time of the divorce. End result I got $60,000.00 of value, she got $256,000.00 of value plus a car and household goods. I was the larger income generator throughout most of the marriage although she made good money in her career of 26 years. Now 18 years later, after completing another twenty year career, she is filing for an anulment through the Catholic Church in the state of Washington. Is the original settlement in Arizona subject to change based on the anulment? Do I need legal help?
    Thank you, Ichabod

  • James

    I’m planning to leave my wife. We have been married for 14 years. I have been the sole provider, she works at a menial job but has never contributed a penny to the house, expenses, etc. She uses her money for herself, and has her own credit card she is responsible for.

    We live in Alaska and about 3 years ago my mother died. She left me her condo, about 80,000 in cash, and some annuities. All total it comes out to about 500,000. These were all in my name only and I have documentation of the amounts.

    I know my wife is going to try and get all she can since she does not have a college education and is mad. She is a princess and used to living way beyond her means since she can spend her money and run up her credit card each month. Alaska is a 50/50 state in terms of divorce. I know she is entitled to half of my retirement, and any savings we have, and the house, property, and “toys” which in itself is bad enough, but can she touch the stuff/money my mother left me as well? Currently right now, all the money is in a joint account. Do I need to pull all that inheritance money out and put it in my account so its not considered comingled? How can I protect myself from being thrown under the bus here? What do I need to do to protect my mothers gifts to me?

  • http://www.autoglassguru.com/ autoglass

    i’ve have been separated for 5 years. When we split I left everything. I’m with my current girlfriend for 2 years now. Everything we have we acquired together. Now we are going through with our divorce and she says she can take half of everything I have now.

  • SHORT TERM MARRIAGE

    My spouse & I have been separated for one year, which we were only married for one and a half years, but can now legally seek a dissolution of marriage, according to the state we live in….here’s my question; I owned my home for 7 years prior to our marriage & refinanced it to put his name on it one month before he left, will the home be considered marital property? I made the house payments while we were together. He paid for some minor upkeep and improvements, so will he be entitled to that money back?

  • SHORT TERM MARRIAGE

    My spouse and I have been separated for over a year, which we can now seek a dissolution of marriage. We were only married for a little over a year, but I owned my home for 6 years prior to that. A month before he left I refinanced, adding his name, but during the course of the marriage I paid the mortgage. Will the home be considered “marital property”? He is telling me he will not sign anything to remove his name from the deed unless I pay him for the equity in the home (which there is none) and the minor repairs/improvements he made (but again, I paid the mortgage) so will I have to pay him?

  • frustrated

    My current husband’s previous divorce attorney in LA did not have the exwife sign a Quit Claim Deed. The divorce was final in 2003 but the property settlement was not final until 2009. The exwife spent time in jail and could have been served papers, but somehow my husband’s attorney managed to drag this out for years. After telling my husband he could proceed with the sale of his land in MS, the Title Search Attorney in MS says “not without a signed Quit Claim.” I am dumbfounded that this LA attorney would not have consulted a MS attorney to ensure everything was indeed settled. I want to complain to the LADB but not if there is no merit to our frustration. Do you think the LADB would be interested in our complaint?

  • Doug T

    I have been divorced for 2 1/2 years in Washington State. In the divorce decree the house is to be sold and the proceeds split 50/50. My ex has done almost nothing to contribute to the house for 3 years before the divorce until current. She moved out because we couldn’t agree to stay in the same house. She paid rent for 18 months for an apartment starting a month prior to the divorce final date. She has now remarried. No children are involved.

    She has contributed less than $100 toward the home since the divorce. I have paid for everything else including the mortgage and insurance. I have contributed over $38,000 toward the home and mortgage since the divorce.

    Since this is a community state, how much of the mortgage and maintenance costs to keep the marital home on the market is she responsible for to receive 50% of the proceeds?

  • susan

    Is there a statue of Limitations on filing property settlement aggreement after a couple has filed for divorce. And one of the persons has gone through a bankrupcy? in PA

  • David

    I initially sued my wife for adultery, and my attorney has taken his time on getting my divorce finalized and now my wifes attorney has sent over finalized papers for me to sign. The problem I have is the wording. It says In favor of her and its under no fault. I’m wondering if this will affect how much if any of my retirement she gets. My attorney says it doesn’t, but I’m a little hesitant to sign. We were married for twelve years and I’m filing in Louisiana. I’ve been seperated since December of 08 but legally seperated since July of 09

    • Jackie

      I am confused, you stated the finalized papers are what you are signing…that would mean that once signed what they say is final and that would mean that your retirement is also finalized. So unless you specifically wish to have her drawn and quartered on paper for some other reason I suggest you just sign them and trust in your attorney. If your statement that they are “final” is incorrect, then definately don’t sign until the settlement of property IE your retirement is complete.

      Just my personal opinion.

  • Owena

    I left my husband in December of 09, I found out he was still having an affair with a woman he has known for 20 years. We were married for 29 years, I filed for divorce in January 2010 and he still lives in the house. We went to court in Feburary to decide on who was going to pay what until the property settlement. My attorney has been requesting property list from his attorney, his attorney is not returning calls or emails. Our divorce was final on august 18,2010. His attorney was served August 25 requesting for the property list, giving him 45 days to submit the list, 45 days are up and he or his attorney have not given the list. My attorney is saying he have to be served again giving him another 60 days and if he do not submit the list a motion will have to be filed. At what point do he forfeit his rights and what will a motion do?

    • doris

      If my husband left a home & property we both owned, for 18 yrs offered no support during that time. I was left to finish paying the balance owed on the mortgage and property taxes. Now he comes back to reclaim. what options,by law, do I have to remove him from any claim of ownership? Since he deserted the property and me and did not contribute to the upkeep. I am finally filing for divorce. He says he is also and wants ” his part “.

  • Chantel

    I am recently divorced. I live in Louisiana, a community property state. My husband now wants to bring me back to court to seperate the property. I have custody of the kids and live in our family home with them. My concern is my rental property. I purchased one home before marriage, but two soon after. Both were purchased and maintained using my money only. His name is on nothing. In addition I really dont see any profit the rent just pays for the house notes. What is he entitled to? what wil I loose? Documents were signed by him at the act of sale saying that I did not use his funds for the purchases.

  • Jayle

    Husband & I are separated. He is living in the house. He forced me to leave with only my clothes. He’s selling property that was acquired during our marriage. What legal rights do I have?

  • april

    separated 6 years. had husband removed through pfa which has expired. i live with children in house bought during marriage. husband has not contributed by means of child support or even helping with property taxes or repairs to home or property. want to file divorce to start my new life but need to know what he is entitled to and how to best file for myself and children.

  • Connie

    In California, in the division of property, how are the very personal property items resolved? Such as clothes, purses, shoes, jewelry? What if I bought stuff for her vs her purchasing items for herself (in both cases using community funds)?

  • George

    I am going through a divorce in California. The marital home is currently in negative equity. I have offered to stay in the house and refinance to have the mortgage solely in may name as she is not prepared to invest any more. We both invested money into the house when we purchased. I will be continuing to make all payments on the property. My wife has stopped paying towards the mortgage and anything else to do with the house. My wife moved out 15 months ago. Even though I will be investing all future payments into the house my wife wants half of any profits when the house is sold up to the value of her initial investment. She refuses to pay current debts if we sell now and any debts occurring when the house is sold if this is to be the case. Is my wife entitled to this and if so how do I protect my future investments? There are no children involved.

  • steven

    my wife left me 5 mos. ago. we own a home but only my name is on the mortgage when i refinanced. i made every payment for over ten years out of my bank account. (we had separate accounts) am i liable to pay her half of the house even though i made all the payments? also i have a 401k. she doesn’t. can she get half of that even though she has no retirement plan? that seems unfair to me.

  • NEL

    /what is the option of a woman married to a man for six year regarding the property. The woman didn’t work on their 6 years marriage because the husband doesn’t want her to work. In other words she was a stayed home wife attending to the needs of her husband. Wihtin this 6 years marriage her husband acquired a property but the didn’t include the wifes name. What are the options if there is for the wife to go after the property? They live in Oregon. Plus the husband was the one who initiated the divorce.

  • JC

    I married a physician in Louisiana in 1993. In 1994 we decided to buy a home, however my husband stated he was going to buy this home with his separate money he had before we married so he wanted to make this his separate property. I signed an aggreement that it was his separate propery at the time of purchase with the understanding it was bought in full with his separate $. However, he filed bankruptcy in 1995 (he listed this home as community property,) I found out he had in reality only put down $10,000 on this home on a credit card which was then charged off in the bankruptcy. At this time, he stated that he would make this home officially community property, after the bankruptcy, which he did not. So the entire home had been payed for by community funds by the time of our divorce in 2005. He of course, stated it was his separate property since I had signed the paper. We have still not reached a property settlement. I live in Texas now, and am finally in a monetary position for pursuing him for a propery settlement. What are my chances in this home we lived in being declared community property? (He still lives there) Also, can he get in trouble for saying it was community property in a federal bankruptcy and then go on and say it was separate property in divorce proceedings?

  • Connie

    I divorced and home was awarded to spouse. I remarried three years later to my misfortune I came to realize that my ex modified home without taking my name off loan nor consulting the damage would affect my credit and has been late on 2nd mortgage 10 months. I believe fraud has been done on banks end since loan consist of two signatures. Can I file any documents to request for spouse to refinance and to revoke modification and to take me off loan.

  • Andrew

    My mom and step dad clearly do not love each other. It looks like they will start divorce proceedings later this year in part to him not having or caring to get a job for the last 2.5 years. My mother has had a stable job for the last 27 years. My mother has acquired three properties during the marriage in her name only and has paid them off by herself. She took a mortgage during the marriage on a fourth property – this one she owned free and clear before the marriage. They co-own a fifth property; the mortgage is in her name only. Does the step dad have any legitimate, financial claim to any of these properties?

  • Jill

    After 17 years of marriage my husband walked out of our marriage stating the he wasnt happy, We live in Louisiana.. I received a lump sum workmens comp settlement, to which i paid off all of our bills including our mortgage. Prior to the settlement, i was working and made just as much as he did. Can I get my money back ? The monies were never mixed into our joint account, I had a special money mkt. acct with the settlement funds and the only time the money entered our joint acct was to transfer money into the joint acct to pay off the bills.. I paid off our mortgage with a cashiers check so those funds didn’t enter our joint acct as well

  • Densie

    California here. My house was paid off 8 years prior to merriage. I bought it with my enheritance out of probate. I agreed to do a first equity loan of 65,000.00 to pay off all our high interest credit card debt obtain legal counsel for my husband to get coustody of his kids just two months prior to merriage. (contingent upon merriage) We took out a second loan with his name on the loan to provide his son and daugher a room of there own and did a room addidion to accommodate them. He only wants to pay 20% of the debt incurred against it leaving me out of my own means to cover regular expenses. will he have to pay a fair share for these loans for there duration? is he responcible at all for payment of the full ammount? he only agrees prior to final judgement to this opinion?

  • mgomez

    I live ca. My ex wife left our home for a year now. She has not paid the mortgage since then and I have . She put the down payment for our home during marriage, using money from her condo sale. Her attorney and she stating that fund is seperate property. Would’nt that be consider a gift since no prior agreement was made that states that money was seperate nor gift. If.she left home,change address, not pay any of financial obligations, the home is upside down, can the court order a short sale… can she order me out?

  • Nece

    My ex husband and I divorced and in the process of signing all the papers my husband signed a warranty deed for the homestead giving his share of the house to me and this has since been filed in the court. I was to pay him his equity but have not done so as stated in the decree. We live in Texas and I would like to know at this point what recourse he has to get his money from me.

  • Andy

    Hi my Aunt has been married for close to 20 years and i that space of time she have 3 children. In the past 5 year her husband as been abusive emotionlly and mentally, he has even been unfaithful and has boar children with other women. my aunt has decided enough is enough and want a divorce. She when a welfare officer and she found out that he sold one of the house without her knowledge. Can u please give me some advise as to division of property.

    Thank you…
    Andy

  • Steve

    Seperated from wife in May and divorce final in December. Wife not on mortgage but on deed. When she moved out I was out of work, is she responsible for paying half the mortgage while we were seperated in California (community property) Thanks

  • Jen

    So my Mom filed for divorce from my dad it went into affect a week before my wedding. (march) Since she has not come to get her stuff and I mean stuff. Garage all but one quarter full two sheds… All of which has been bought by my dad but she wants it ALL but has yet to come and get it from the house. Now she has a new Boyfriend and still will not remove it from my fathers home. What can we do?? He’s already talked about going back into court because she falsified things on there divorce paperwork. I want to help my dad as much as I can… any thoughts???

  • sally cripps

    I was married in the state of MA but am a South african permanant resident as this is where we now both live. We made no contract prior to our marrage and my husband failed to tell me he was an alcoholic. I have filled for divorce here in SA in the main stream courts. Our only large joint assist is the property which in 50/50 on the title deed in both our names. He also has dept from not paying taxes and credit card bills – will I be entitled to half the property on the sale as we are 50/50 and each of us repsonsible for our dept?

    regards
    sally

  • Lvfemma

    We are in the process of finalizing a divorce. In the interim from the initial filing, the house was sold and each of us took a buyout and have purchased homes with the deeds listed as married, own and separate property. We each signed off on the other’s within these transactions as well. All debts that were joint are paid and all new accounts are only in my name or only in his. All personal property is split amicably. We both have about the same in retirement income potential. Since California is a community property state, do we still have to list everything as community property? Each house? Each debts? I am talking about how to finalize the Marital Settlement Agreement.

  • Scott

    While married, I created works of music. They were never ‘exploited’, sold etc. Music was a hobby. At the time of legal separation in MAINE seven years ago, the works were never considered as of any consequence for the property settlement. I am now preparing to use the internet to test the market for my music. Will income I might derive from music sales be subject to a revision of the original property settlement?
    Similarly, if my wife gained possession through the property settlement of an art object which since has quadrupled in value, could I ask for a revised property settlement?
    Thank you.

  • Kody

    My mom gave me dad the property taxes along with a check for half of the taxes but my dad refuses to pay the other half the divorce isn’t final so doesn’t he technicaly still partialy own the house and if the tax collectors fine us for not fully paying the taxes does my dad have to pay the fine since my mom payed her half of the taxes
    my mom is trying to be fair in the divorce but my dad is just making it harder and its getting annoying

  • Lily

    My husband and his brother have a business together and real estate properties. I just found out that my husband removed his name off of all the assets that he and his brother had jointly, and either put it under corporations’ names or his brother’s name. My question is, in case my husband and I would divorce, would I be entitled to any of the assets that he previously had in his name, or am I completely at a loss? Frankly, I am very worried!

  • cynthia

    I have been married 7 years almost to the day. my husband has walked off and left me and the home. He is the only provider I have not worked in the last 3 years for reasons other than the economy. my grandmother died in august and then my father died 4 months later in december, my life has been in shambles ever since. my husband has mentally abused me so much that I have no selfasteam to even look for a job my question is can he just stop paying the bills he says he is going to let the house go but can he move and leave me with no means to even feed myself I have 2 dogs that I cant even feed no gas in my car to even be able to go look for a job. I dont know what to do my nerves have had it I cant even function right now I have so much to worry about I have no where to go, no money, no food. no dog food, no gas, i cant even buy my medicine, I have nothing right now I guess I will live here until I get a notice to foreclose on the house but the utilities have to get paid and I cant pay them until I find a job and get on my feet. Can he do this to me just leave me with no way to take care of myself. I just dont know what to do. help help help

  • lynda

    i live in florida. I have been marred for 4 years. we have a 3 year old baby and another on the way. i worked for the first 2 years and then quit to take care of our child. i have continued my studies nonetheless. recently my husband bought a house with money received from his uncle who remains alive but who had just receivd money from his dead spouse the house is solely under my husbans name but we dont have a prenup agreement. my question is: since the money wasnt made by my husband does that mean if we divorce im not entitled to the property?

  • PS

    I have been separated for 15months, spouse moved out and petitioned for the divorce.

    The house was bought with my substantial down payment and I have had to burden to maintain the property for the past 15 months. Spouse being the biggest dip shit did not allow me to refinance the house on 2 separate occasions. The problem I have now is that the property prices is tanking and due to almost no equity in the house, I need to refinance to lower my monthly outgo.

    I heard something about ‘Status only based dissolution’ and getting the court to allow me to refinance the house provided lender agrees. Is this possible? If so can you provide some insight on the same (California State).

  • Maria

    My ex husband and I bought a dirt bike for our son in 2004 whilst still married. We divorced in Fort Bend County, Texas 2008. The dirt bike was left to my ex husband in the divorce decree and he is in possession of the motorcycle’s title, but my ex never collected it and it has been in my garage for over 3 years since the divorce. My ex has is now demanding for the bike to be returned to him. Our son uses the dirt-bike and doesn’t want to part from it. What are my rights? I have stored this dirt bike for over 3 years since the divorce in 2008 in my garage. Do I have any rights to now keep it, or have to obey My ex’s deadline to return the bike to him? My ex says that if I do not return the bike back to him, he will press charges and involve the attorneys. Our divorce decree does not state a deadline collection date. The decree doesn’t have a pick-up date, nor a provision that says what to do if my ex doesn’t pick- up the motorcycle.
    If my ex holds the motorcycle’s title, would it would not be illegal for me to keep it or sell it? Is there a statue of limitation for Texas for collection of property already divided in the divorce decree, and does it apply to my specific case? Please advice.

  • MICHELLE

    MY FRIEND AN HER HUSBAND HAVE BEEN MARRIED FOR 15 YRS THE HOUSE THEY LIVE IN IS OWNED BY HER PARENTS, DOES THE HUSBAND HAVE ANY LEGAL CLAIM TO THE HOUSE?

  • Alison

    My boyfriend’s divorce is finalized about 4 yrs his wife wanted out of the house after living in it for 2 yrs with her boyfriend my boyfriend gave her child support and court ordered payment toward mortgage which they did not pay he found out later it wasn’t paid so he had to final bankruptcy to stay in the house now he needs a modification to lower payments but she won’t sign cause she wants the divorce papers changed for more money this comes after one child losing child support after turning 18 as stated in divorce papers now modification cannot be done cause she won’t sign what can he do

  • Dawn

    I have been married to my husband for 16 years……he is verbally and financially abusive he used to be physical but cps and jailtime stopped that…..I have been on disability for 3 years before thay couldnt hold jobs longer than a few months…he says I am crazy I have borderline personality disorder and anxiety disorder he has cheated numerous times including with my sister and even lived with her…..I live in nevada a no fault and community property state I have wanted a divorce for years but couldnt survive on my own I only get 317.00 a month ss…….he controls money I am not on bank account and our children are 13 and 15 both love their dad but want to live with me…….he has 40,000.00 in the bank and alot in 401 k I dont want his 401 k he worked for that but we have went without food clothes dr appts including mental health and even furniture so I feel My kids and I deserve half in the bank we have suffered and been without a very long time am I entitled to half his bank income even though I am not on the account I don’t know how I can afford divorce but when I file he will never agree on splitting money do I bring a bank statement to prove what he has …..can they freeze account so he cant take money out……I am lost and confused….ty

  • Mike

    My wife left our house that we own jointly 7 years ago with my daughter.. she filed chapter 7 bankruptcy and wrote off the house on it. she also took about 5k out of our bank acct and closed it. i have been paying for our house for the past 7 years alone and even had to file for chapter 13 bankruptcy since it was going into foreclosure due to her taking all of our money.. now my attorney claims i still owe her half the money for the house.. our house was apprasied for 102k and we still owe 60k.. she hasnt paid a dime since she left with my daughter.. she is hiding out somewhere in OH. The house is located in PA… do i still have to give her half of the equity if she hasnt contributed a dime since 7 years ago and she wrote the house off on chapter 7?

  • crisco

    my ex and I are doing an marital equitable distribution. We live in N.Y. We had a list with value on them of our things. He wanted to do a I pick then you pick. After all said and done. I found out I was about $2000 below value. So he made out by far. We haven’t sent the list to the lawyers yet. I heard if we can’t get agreement on it then it will be split up the judges way? What will the results be then. Or can we put in our list result and ask the judge about the difference on how short $ I came out with?

  • newyorker

    Japanese woman married to high-net worth NY dentist for 1 year. She was poor and uneducated before the marriage and he hasn’t allowed her to work during the marriage. 5 months ago they signed separation agreement. He purchased a house in Japan during the marriage with help from her in translation and interpretation. He paid $2.5 million all cash (his own).
    Is this house marital property? And, what can she reasonable hope for under equitable distribution of property? Is 10% realistic? 20%? etc.

  • Shelly

    I left my husband in August 2010. He almost immediately began divorce proceedings and insisted that our two children remain in his custody until an agreement was official. He stated that he was afraid I would take him for everything that he has and he wouldn’t be able to do anything fun with the kids because he would have to pay me for 1/2 of the house that he wanted to keep. I agreed to take 37% of the appraised value of the house so he was able to support our kids while they were with him. We make approximately the same amount of money. Two months after I left, he got a new girlfriend. Less than a year later, she and her children have moved in with him. He has had money to remodel much of the house to accommodate her family. They also have money to buy my kids name brand clothing. They still dont’ do a lot of “fun” things with the kids, but that’s by their choice, not because they don’t have the means. Now that I have seen that he can take care of his household and our kids (when they are both there), I feel I’m entitled to the other 13% of the value of our home that I did not receive because I was trying to be nice. Now he’s insisting the girlfriend be intimately involved in our kids lives when I feel she is attending events that aren’t necessary – such as parent/teacher conferences. I did not have any other big ticket items appraised when I left, so all I would like is the remainder of my half of the value of the house. Is there anything I can do to make this happen? I live in PA.

  • Chrissy

    I live in Florida. I filed for divorce in Dec 09 after 14 years of marriage. We are still going through the divorce due to him deciding to fight me every step of the way, including on custody. The man has not worked in many years, has no skills and a criminal history, ALL by his choice! I understand custody and division of property(nothing of any great value except a home worth probably 50k with 57k mortgage in my name only(mortgage and deed) take time. Is there a way for my to just get declared divorced from this loser until the judge decides what to do about everything else?

    • Lee

      I believe you can ask for a “status divorce” which will make you legally divorced and then have the court separate property later.

  • Lee

    My wife moved out of our family home in August 2009 and I moved out of the marital home in July 2010. I filed for divorce in May 2011. We both live with significant others and I have a child with my gf. She is now trying to make me pay her car payment(purchased Spring 2011) and I want her to pay half of what the balance was on our joint credit at the time of separation. While we were together I was the breadwinner, but now I’m on state aid and she makes more money than I do. Will she be able to make me pay for her car even though I can’t afford it? Will she be able to get alimony from me even though she makes more money? Thank you!

  • G

    Hi,
    My wife had moved out one year ago and just last week filed for divorce.
    We own a boat and motorcyle together, Both in my name only and paid for by only me… She has not contributed to any bank accounts and has not paid a dime towards any “property”..
    We live in Massachusetts.
    Is she actuall entitled anything even though she has not contributed financially to any of it and is not on either ones title or insurance or loans.
    And if she is… Is she also going to be responsible for the $10K debt for the boat?
    I am paying it off weekly via my 401K.
    Thanks!
    G

  • Meg

    I was married 23 yrs and we bought the house in Nov of 2004 I am in California my divorce was final October 2010 I did the divorce by myself using the court work shop I split everything even, his truck, my car etc… and he did not dispute. I requested with the judge that the house be settled at a later date, as I was living in the house with our son, I refinanced the mortgage in my name this year so he could go buy a place of his own. yet he refuses to do a Quit deed, he says he wants his half of the house worth. now he is coming back saying he wants me to buy him out or he is going to take me to court and force me to sell the house. What should my next step be do I go to the court first and ask them to determin what happens to the house? Will they force me to sell? we bought the house for $321,000 and my current loan is for $300,000

  • worried sick

    Divorced 20 yrs ago. Just realizing now (via internet) that our property settlement agreement might not count as it was never notarized or included in the divorce decree. Did not force issue of getting him off deed because I could not afford to refinance. Now, after paying mortgage in full by myself, paying taxes, fixing house, ect..I do not know what to do. He must not realize property settlement is not valid, either. If I do nothing and he dies without a will, will his share be as stated in our agreement or it will it be half? Will his share automatically go to our two children? Love them dearly, but they are always short of money – could they make me sell and put me out of the house after I finally paid mortgage and am thinking of retirement in a few yrs? Can his creditors?

  • Miquel

    Ex girlfriend and I bought a house a year ago in PA. Both of our names are on the deed and the mortgage. When it almost hit a year, after our child was born, she decided to up and leave giving me 5 days notice she was leaving. Thus, I have been paying the entire mortgage for the last 6 months on my own with no help from her. In the mean time she filed for child support and tried filing for custody. She got the support and custody is TBA. I’m at a point where I cant afford the mortgage now because of the ridiculous amount of support she was awarded. Is it possible to file civilly to retrieve her half of the mortgage payments from the last 6 months to pay the mortgage until we can come to some sort of conclusion?

  • cameron buss

    my wifes dad just passed and we have been together 3 years. she just recieved a big inheritance. i was taking care of her for the last 3 years paying for everything. and now that she has this money she wants to leave me. i will be out of the marine corps in 2 months, also out of a job i wont get one cause i am going to go to school. i wanna know what is the best process for me to go about this is. She doesnt care that i have taken care of her for the last 3 years.

  • shawn

    i bought this property in Idaho in 2005. I put my ex’s name on the title with the word [and] for security only. I paid for the property with my SSI settlement. We never legally got married and had two separate bank accounts. She never paid a dime for any of the property to which I can prove now we are split she is trying to take my property does she have a legal claim

  • Kidd

    My husband left me and had been cheating for the last 6 months. Since he has moved out he has only given me a total of 290.00 thats for 3 and a half months. Do you think thats fair? Thank you.

  • Denice

    The day my spouse left, he took some of my personal sentimental items that cannot be replaced, nor can I place a monetary value on them. How can I go about getting these items back during the divorce? The items are as follows: Childhood photo albums (i.e. photos of deceased paternal/maternal grandparents with their obituaries), my hall of fame awards (2), my college and professional athletic career scrapbook and a mural that an artist sketched of me.

  • Karen

    In 2008 I was divorced but my ex was still in the process of asking the court for a zero child support order due to his disability of alcoholism when he suddenly died. I was granted the administrator of his estate which only consisted of our jointly owned home. Due to the divorce judgement, the estate gets 50% of the equity in the house. The Child Support Services in my county has put a lean on the house to collect the arrears in the continuing child support which is due to me!. It has been almost 4 years since my Ex died and my children and I are still living in the house and do not plan to sell it. As the administrator of the estate can I settle with the Child Support Services by signing the house over to me? The bill is now almost $50,000. I have not been successful in getting the lawyer assigned to the case to get the probate case moving. I am a low income working mom and not able to pay the lawyer fees.

  • Beth

    State California, Temporary Child and Spousal Support is being paid out of a community business bank account. The spouse paying support is in full control of the community business and uses the business bank account as a personal piggy bank. Shouldn’t the support be included in his income since he is taking the money from the community bank account and legally those checks could not be a deduction in any other category? I am having a difficult time finding the answer to this specific question. It doesn’t seem to follow under Epstein credits. It would seem his income should be higher by the support amount which would then give me a reason to have his income adjusted higher then he claims it is.

  • LJK

    My boyfriend and his ex have been divorced for almost 4 years. Between them they had 2 houses, she got one and he got one. These houses are right next to each other. He lives in one and hers is vacant. They own a diner which has been out of business for years. Initially at the time of the divorce they started to divide up their property (there is a lot). After that they were to divide whatever was left on their own. The problem is she will not agree to anything. There is no timeline on this division so she knows she can go on indefinitely keeping items of his that are on her on property i.e. the land where the vacant home is. They are court ordered to stay off one anothers land. He has caught her taking items of his from that property and has many pictures to prove it. He has called the police on her but they always get there after she leaves. Now she has an order of protection against him from taking pictures. She states she is there merely cleaning up, but yet she is taking itmes that are supposed to be divided up by them. He doesn’t have the money to keep taking her back to court, and in the meantime she is cleaning out what he has on that property. There is so much more to this complicated saga. Just wondering where he can start to end this nightmare.

  • Barbara

    My husband I have learned over the past year and a half (by going through volumes of files he has kept openly in our basement) is a total fraud and quite evil. He never loved or cared for me and had several women on the hook while dating me-he took my money and insisted on a home we could not afford (I found out he did the exact same thing in his first 3 year marriage) and ran the debts up to $120,000 before declaring bankruptcy in December 2009. He has lied to me about literally everything. He refused me access to his personal finances (and now I know why-he has been suspended twice from his CDC job and I just caught him in attempted life insurance fraud-he has pretended to the insurance company that he and his first wife have been married the past 24 years and he thought he would “clean-up” if she hopefully died-she knew nothing of this and neither did the insurance company. He is under investigation for insurance fraud by Kaiser Permanente and I continue to discover more lies and scams. I lost my health, sanity and career because of him. Will a court consider alimony after hearing all of this fraudulent activity? He has been mentally abusive and has threatened me if I exposed any of this. Will a court help me? I have no where to go now. Please advise. Thank you.

  • Doug

    If the divorced spouse abandones the financial responsibility of the jointly owned property how can i remove them off of the deed? What are the best actions to follow to protect my financial interest and that of the property. I have incurred all financial responsibility for the past 5 years

  • Sierra

    My boyfrind is seperated is waiting to file fori his 90 day divorce in WA. Hes waiting to sign his,new job contract thats been only a temporary job the past 4 months. He wants to do a fair settlement to do a file on ypur own divorce. Since hisfuture ex already.gets all the money why does he feel he needsca,signed contract and permanent job file? How does that change anything? Theyve lived apart for months?

  • Leroy Bolden Jr

    I just went to court on Nov 11-2011 divorce is final, in my divorce decree I don’t agree with the decree. How can a judge make you sale your home? what can I do? I am in Contempt court. My ex works for the county and the judge in my divorce has giving her everything now they are about to make me sale my home that I have been paying on for 28years. How can I get some help asap before I am put in jail?

  • sss

    i was married on 2001, moved fromNJ/VA. my soon going to ex
    was very abusive, arrested once in nj for D.V. i have a kid.
    he has transfered most of his money to india, and has not put his property in the discovery. he is represented by a very good firm.
    he has stocks/shares.. and somemoney.
    I took a break for 2.5 yrs to take care of my kid after birth. continous abuse made me leave him, live in va. my earning has impared also because of this. my lawyer threatenes to leave my case if i do not agree to her. She says i have sae money as him and she will not use d.v even though i have the judgement letter from nj(conviction), she is forcing me to agree to let the money go. I have 2 more months for trial, and exhausted all money. can you tell me what are the rules. Even for pendente lite she refused to put any of my proofs which showed child abuse on table , gave want of time as an excuse, and i was given just 15 min at trial. only a therapist desposition saved, which she took last min, after the therapist request me to ask for posponement. i am not sure what is going on, and why my lawyer is creating this ? please help me with the actual rules governing va divorce with domestic violence.
    this is my 3rd lawyer, 2nd one extracted lot of money from me, but kept threatening me to leave the case if I did not let my kid have overnight stay with dad (she did not have any for 3 yrs now), though it was being investigated by, that I finaly had to let her go. why are lawyers intimidating immigrant women? why is law not weak?

  • mick

    she is selling, stealing and destroying my personal belongings before the divoce is final. I am not allowed on the property, so it seems she can do whatever she wants. Help in NJ!!!!!!!!!

  • angel

    Live in WI. Husband has a gambling addiction which leads to divorce. Wife has an FMLA settlement coming. Husband has a Workers Comp settlement coming. No marital property except for wifes boat she inheited from her Mother. After divorce is filed by wife husband is ordered to not incur any debt beyond $500. Husband incurs $75,000.00 in a few short months. Husband files for bankrupcy. Bank seizes wifes boat. Wife is told her settlement will completely go to bankrupcy debt and husbands Workers Comp settlement is untouched by both divorce & bankrupcy and he will receive all of it. What is the best course of action or is she a victim of circumstances and loses everything?

  • Oh Well

    My husband and I divorcing after 21 years. I purchased all of the furnishings for the home he was buying when we married and still live in. Can I get all of my furniture? I also had to sign a equity loan for the house remodel. Am I entitled to half of the home value? I live in Texas

  • Jeff

    I am not currently divorced yet. I live in FL. It has been filed in FL but we are going thru mediation. We have a 7yr old daughter who lives with my wife. My daughter was injured in school and they since awarded my wife $62,000.00- am I able to make sure that my wife uses this for our daughter? They just moved to TX. Also I am ordered to pay childsupport and medical support. Will this also be beneficial to have her to pay the medical bills that incurred from this injury?

  • Gene

    My wife and I are married and have acquired millions on dollars in property together over a 7 year period. At one point she suggested that I sign off the LLC that owned the property so we could get separate financing at the bank, and purchase even more property.
    After some time passed she move them into her children’s name from a previous marriage and then into some sort of trust. Would the Property be split in a divorce? We are in an equitable distribution state.

  • John

    Hello,

    I live in Los Angeles (California) and my girlfriend has been living with me over 3 years now. I bought a house last year and the title is in only with my name. My friends keep telling me that after 3 years she can walk away with half of my assets (money in the banks, households,etc.).

    I ‘d like to know if this is true or not? How can I protect myself in case she decides one day to leave and come after my assets?

    Thank you for your response
    John

    • http://myfamilylaw.com/yp/monica_c_mazzei Monica

      John,

      California does not recognize common law marriage, so no matter how long you and your girlfriend live together you will not be considered married. It is possible that your girlfriend may be able to bring a civil action against you (“Marvin” action.) It would be best to enter into a cohabitation agreement with your girlfriend.

  • Mary from Va.

    My husband and I have been married for 8 years. Prior to that time he was married to someone else. The house we live in is solely under his name, yet I make contributions to the monthly mortgage. If I divorce him, will I be entitled to half the selling price of the home? He has lived here for 22 years.

  • lot of questions

    My husbands walked away from our home in Illinois and marriage of 6 years and moved to St. Louis 45 days ago. He has not paid one dime to the bills or the mortgage. Can he file in Missouri or does he have to file in Madison county Illinois. I do not want a divorce and there has been no papers filed by him in Illinois or Missouri. I do not know where he is, he cancelled his cell phone. He works for NGA that is a Gov. Job so I can’t go to his job because of security. Is this abandonment of marriage and property. Can I contest this divorce if he does file.

  • James

    If I was to purchase a home and me and my spouse are seperated but not divorsed does she still have a legal right to that property?

  • George

    My divorce was settled a couple of years ago. In the property settlement I was awarded a sum of over $8000, which I agreed to let her pay at the paltry sum of $100 a month. She paid a couple of payments then nothing. I received her half of a tax return towards what she was behind in payments. No payments since then. What is the SOL for collection of the judgement? How do i go about getting it?
    Do I need a transcript of the case, and will I need to hire an attorney, or is this doable on my own?

  • Elaine

    I live in Arkansas and am going through a long divorce because my ex to be loves the drama. We have a business together that he walked away from and I am now doing both our jobs to keep the doors open. I work at least 65 hours a week every week. I have employees that depend on me everyday to make the right decision. Even though he does zero work he still has access (with his girlfriend) to come in any time and review books, copy hard drives etc., I want to close the company and just start a new one but our divorce isn’t final. If I open a new company will it be 50% his too since we are still married??

  • Linda

    My husband of 10yrs are getting a divorce and we both want the house and We live in Louisiana. We bought the house in my name only at first but later we refinaced and house is in both our names. The bank now says he is still responbile for the loan payments but has no interest in the house because no act of donation of 50% was given to him. Is that possible and do I have to repay him for any payments he made on the loan while we were married?

  • Luke

    I purchased a home in 2003 in my name only and have made the mortgage payments since. My wife and I are getting a divorce and we live in colorado. We were married in 2005 and we also have a 6 year old daughter. In an effort to reduce conflict I have spent a couple of weeks living with other relatives. How likely is it that I will be able to keep the house. At this point Iit is unlikely we have equity in the home since the housing market has tanked…

  • liduvy gregory

    My husband file papers for divorce and he wants me to sign it. He doesnt have mayor reason to divorce of me. ( California)
    I never sign pre nuptial papers.
    He have funds, trust, retirement,life insurance. We have being marry for 2 years. Do I have legal rights to those assets?

  • Juliet

    Getting divorced in Ohio now. After 24 years of a loveless marriage I had an affair. My husband moved out after he understood I could not reconcile and I filed for divorce. Hearing for temporary child custody and support is coming up. We have 7 children. My husband owns property in a trust and will inherit a substantial inheritance (perhaps $1m in property and $1m more in inheritance). He also has received annual “gifts” (likely tax free inheritance payments) from his father for 10 years $26k per year. I have 2 questions. 1) If the “gifts” were considered by the court really to have been disbursements from his inheritance would that make the inheritance subject to equitable division? 2) A corporation was created to own the property and he owns a substantial share of the corporate stock. Are there any circumstances where that stock ownership could be subject to equitable division? For example if his parents failed to report their gift of the stock as a gift in their tax returns in the year of the transfer?

    Thanks,

  • Nicole

    I live in Ohio. I left the marital residence in December of 2008. Our divorce has been going on for almost two years. We are. Only fighting about residential parent and child support. We were waiting on the decision from the magistrate and then go in front of the judge for the final stuff in a few weeks. I just found out I am pregnant. Will I still be granted my divorce? I have moved on with my life and am with someone else.

  • Debbie

    My ex husband is court mandated to pay property taxes. He is 4 years in arrears, and the house is on foreclosure list. He lives on the property rent free. I make about $19,900 per year, and he makes $88,000 per year. What re-course do I have? Can I pay the taxes and “buy” the house? Why is something “court mandated”, what does that even mean if he is in contempt of court, what is the ramification. I cannot afford to hire and attorney.

  • tony

    My question is that i just got divorce in el paso texas and the judge ordered me to pay for the house for 5 years but i dont have the income to do so what can happen to me

  • Tiffany

    My ex-husband and I divorced in 2004, at the time we had a car that was owned by us, free and clear. He was ordered to sign the car over to me at the time. He signed in the wrong place on the title so I was never able to sell or do anything w/ the vehicle and its just sitting in my driveway. I have asked him repeatedly to meet me somewhere to just sign it over so i can wash my hands of it, he just refuses to acknowledge it. He has stated to my daughter that he thinks its funny that I cannot do anything about it. My question is.. Can I do anything legally about this?? The car is not really worth obtaining an attorney over. But, I would like to have some recourse. I feel I have been patient enough at this point.

  • suzanne

    PLEASE HELP ME!! I have been married for 20 yrs and was a homemaker the majority of our marriage. We have 1 son and he is 20 so custody is not an issue. However We bought property and built a home about 17 yrs ago and only owe one more year til its paid off. My husband had heart problems in 2011 and ever since has acted weird. He up and left us and told me to pretend he died and to fend for myself. I immediately got a lawyer because he was the sole provider and I was stuck. Our whole marriage every job I tried to get he wanted me to stay home. I gave up schooling and my career and now he does this to me.The judge has ordered him to pay the bills but is there anyway I will be able to keep my home. I live in Indiana. What are my rights to this. He has to pay my attorney and I’m afraid that I’m gonna be on the streets with no where to go and no job because no one will hire me without experience. I’m really depressed and scared.

  • Angela from NC

    I had a rough divorce with my first marriage. I am engaged and nervous. Can I get a prenuptial agreement that defines if he cheats he will give up any rights he has to any marrital assets? Or if he decides one day he no longer wants to be married can I get a prenup that says he has to continue to pay his part of the bills for 6 months or until the primary residence can be sold?

  • jerry

    if my wife buys a new vehicle before our final divorce decree and puts it in her name and i havent filed my reply to divorce or asset split can i ask for half its value as community property in texas?

  • Neelia

    In florida… i currently have a suit against a very huge company for injuries sustained by negligence of this company. It may take 1-3 yrs to settle. My question is: “Since this is my suit for injuries, and i decide to get diovorced, will my husband be entitled to any of the settlement proceeds?

  • David

    I have been divorced since 2004 and am considering going back to court for 401K and retirement (In California). What is the statute of limitation for that, can I pursue this?

  • nervous

    Hi there, I am young very early twentys and I have been dating this girl for about 2 months and she says she is pregnant. Now my son is almost 2 years old and we have been married 7 months married in Vegas elouped but we live in Oregon…. She has cheated on me and she cheating on me again, I’ve been staying for the kid too long it won’t be fair to my kid for us to all live a lie and be unhappy. I have a long time career long before her and a couple cars in my name…. And renting an apartment…. IN OREGON could she take half of everything of mine including money n cars and everything and child support…. please let me know I want the best for my child and want to find out my options as soon as possible she just recently got a part time job about month and a half ago but wasn’t even hired on fully till 2 weeks ago…. I’ve had everything long before her…. Is she legally entitled to anything besides visitation and maybe some child support???? Plz get back to me as soon as possible, its all I can think about.

  • Don’t know how I fee

    Wife and I are getting ready to file divorce. She will be getting an auto claims settlement which will be mainly for pain and suffering and future stuff.

    Based on research I am not entitled to it except for loss wages or medical bills. I was awarded a $25k settlement a few years back from the same accident and we spend my portion. My portion was all special damages for scarring.

    Will I be able to get some of her settlement because we spent my settlement in the past? I live in Florida

  • Jennifer

    My mom is getting divorced and my step dad said he will take her to the cleaners. The only thing she has is her condo of 17 years. When they got married 3 years ago he took over mortgage payments and she paid all the other bills. He says he gets his money back that he paid for the three years. Is this true? They live in New York State. Thank you.

  • rockys

    I divorced 27 years ago. As part of the agreement I was to get 60 my ex 40% when my youngest child became 18years of age or if I remarried which I did.I will pay taxes and mortgage on house, he will give me c/support or it will come out of his equity on house,and we will evenly pay half of all repairs .Well he never paid child support, has a judgement for child support and now 14 years after my youngest turned 18 wants to sell. I upkept this house all by mysel fwith all repairs paid solely by me and taxes are now 4 times as agreed in divorce. I think I’m entitled to all, since house have deppreciated so much anyway. I live in NJ

  • David

    My wife and I are in the beginning phase of our divorce. I am currently in the house we purchased together. I have been making the mortgage payments. My question is. We have close to 70k in negative equity. Is she responsible for half the negative equity? I know if we had 70k of equity I would have to pay her half the equity. I also have a 401k with a value around 60k but I have a loan against it for 20k. We used the loan to pay off debt and a couple vacations. She has a 403b with a value around 20k. How will the debt get split is my question? And yes the 401k and 403b started pretty close to the time of our marraige.

  • Monju

    My brother has divorced for 7 months. He has a doughter who is now living with her mother. But my brother’s wife does not want to resolve proporty distribution with my brother at this moment. She wants to hang up the property maters. Because she wish to get a part of our parents’ property, those are still my parents only.
    My question is
    1) Can she really claim my parent’s property?
    2) Is there any way to solve the property distribution now?
    tks.

  • Monju

    1) Can anyone deserve or claim one’s father in law’s property?

    2) How to solve ‘devorced property distribution’ if one party does not willing to settle property distribution issue?

  • Destiny

    I have a question, my husband and I are filing for divorce and we have a house together. I bought the house in January with funds I acquired from selling some of my annuity payments from when my dad died. I do not have a job, he does so he thinks he deserves to keep the house. Does he have any legal rights to the house eventhough I sold annuity payments to buy the house?

  • ksister

    I am executor of brother’s estate, he died one month ago. Ex-wife was awarded his life insurance policy, with $250,000 face value in divorce one year ago. Brother cancelled policy. Ex-wife now suing his estate for face value of cancelled insurance policy. Will she win?

  • Olivia

    My husband and I have been married for 22 years. He has decided that he is no longer happy and wants a divorce. We live in PA. We have a house that we are still paying on, land that is paid off, Two cars that are paid off, His 401K from his job and a loan for $15,000.00 that needs to be paid and our combined debt. I am on Social Security Income because of an accident I am no longer able to work. He is employed full-time as a welder and makes nice money. What am I entitled to? Is he going to be held financially obligated to pay me alimony, and pay my insurance because I am not on Medical Assistance I am on his insurance.

  • sunshine

    We were married for 18 years. Our home was not identified as separate or community property in our disillusion. My ex stopped paying the mortgage 4.5 years ago (yes… has still not foreclosed on!). While I lived in the house, I was forced to pay him $3900/month (retroactive) in our divorce settlement. He is now living in the house (rent free), has a roommate paying him a monthly fee and a girlfriend (with a $4500/mo income) living there rent free.
    Here are my 3 questions:
    1 – Am I legally entitled to 50% of the rental income on this community property?
    2 – Am I legally entitled to him now paying me $3900/month for living in the house, as I did him?
    3 – Is the girlfriend living there rent free to any financial advantage to me?

    Thank you,
    Sunshine

  • Jerry

    My wife and I are getting a divorce in AR. I inherited 1/3 undivided interest in my parents farm. My brother and sister and I will be putting the farm in to a LLC. My question, my wife is not entitled to my inheritance ; however I have been told when the property goes in to the LLC it then becomes personal property.. Is this true and does this give my wife an opening to force me to divide the land. I have offered my wife a very good divorce settlement, just want to protect land that has been in our family for years.

  • Cathy Jo Erwin

    I was just awarded 1/4 of a slotterhouse business and 100% of all the real property in my divorce.
    I found out that my ex husband sold out interest in the slotterhouse a few years ago and I had no idea, this was found out after the judge awarded me my share. Is there anything I can do to get my part of it?

  • Angie

    If an individual (in Texas a community state) does not sign a division of assets (in this case Exhibit A) or appear in court to file it and the divorce is finalized, does the individual forfeit rights to the property?

  • endless divorce

    I’m getting a divorce for 2 1/2 yrs, my ex got me thrown out of my house with an order of protection almost 3 yrs ago he has now abandoned the home and house in foreclosure but because I’m on the deed and not the mortgage the bank wont work with me. Is there anything I can do to have loan modification and take possession

  • Page

    10 yrs ago, my parents passed and thier home and land was left by the state to my brother and I. My brother asked if my husband and I would like to move in seeing that the property was attached to his. We lived in the home and paid the mortgage for 9 years. I left my husband a little over a year ago, due to the fact that he refused to leave the home. I couldn’t afford an attorney. I have been living elsewhere with my son. My husband is asking for half of the home and land only because he paid the mortgage all the years we were together. We divided all other property among ourselves. The home and land is still in my parents name. It was also put into a Chapter 13 bankruptcy, which he has been paying in order to live in the home. It is due to be paid off any day now. Now I’m hearing rumors he is trying to sell the house. Can he even fight me for half of this property, more less , sell it ?? We live in NC.

  • Emily

    I filed for divorce several years ago then filed for chapter 13 because creditors filed suit against me. We are now out of the bankruptcy stay and my bankruptcy has been discharged. How will the marital debt discharged in the chapter 13 be split in Ohio? Will the debt I took responsibility for be split or just the amount I paid to the creditors under the chapter 13 payment plan?

  • Diane

    Question. I am getting divorced in Ca. after 6 years. We are in agreement on everything. We are doing a default with agreement through a paralegal.

    My question is will the judge sign off on it if the agreement if it is imbalanced.

    I am probably getting about 30,000 more when it is all said and done but again we are in complete agreement.

  • Tessa

    In the case were the wife is granted sole ownership of the house. The bond is not fully paid up. The husband agrees to pay the bond until finish and also pay the outstanding debt accumulated during the marriage untill finish. My concern is: In the case of him leaving the country or not paying any of the above debts for whatever reason after the devorce is final, will the wife be held responsible for that outstanding debt? In the case of the outstanding bond on the house, will the wife be allowed a period of time to pay the bond.
    In both of the cases above, will the house be claimed or can arrangements be made?

  • chrissy

    My husband has been married and divorced in other country before to marry with me. He become US citizen. Now, the problem is his ex-wife, and my husband has no job, and I am maintaining 3 houses, my own, where I;m working and child support to the ex. If she plans to come this country, and try to make a fraud in a marriage, my husband needs to give child support or not. She can claim under US laws, when the divorce was under other country? Thanks, Chrissy

  • Tired of the games

    I am currently separated from my wife for about 7 months. When she left, she asked for furniture that I financed in my name, while we were married. She agreed to pay the loan note in order to keep the furnture she wanted. She is always late on the payments and as of now the furnture is about to be taken by the loan company for non payment. Can I get the furnture back that I will have to pay for in order to keep my name clean credit wise? Does she have rights to it also? She hasn’t followed her agreement and now will not even inform me nor the company on when the payments will be made…in fact, she has warned me to stop contact with her all together. What are my legal rights. Also the same with phones that I have on my payment plan that she refuses to return along with a couple of personal items that she took without my permission that I have asked to be returned to me.. She is refusing all.

  • Casey

    I’m in the beginning stages of filing for divorce, my wife and I live in NJ, I’m a 100% service connected disabled veteran. We have been married since 2006 I was not able to work any more as of 2007 that’s when I filed for SSDI and an increase from the VA. My wife is 31 never worked a paying job in her life. Everything she has I bought. the house we live in and the car we drive the clothes she wears I paid for, the reason for divorce is she is lazy does not want to exercise and loose weight only cleans the house when my checks are about to be deposited in my debit card account where she doesnot have access too. If I want something to eat I have to cook it and clean up. All she does is sleep till noon or later play video games on the laptop or her cell phone both of which I paid for and still paying the service on. If we divorce she is telling me she will get half and I will be left with nothing she is bipolar and always depressed how should I go about this? Please help.

  • marie

    My husband and i have been married for 28yrs seprated for a year i live with my mom i have no job no car nothing i wrecked my cars fault of my own when we were toghther a few years back i found out he is dating someone and wants a divorce my question is he lives in a paid for house he had to get the house put in his name from his parents so they wouldn’t lose the house we lived with them for about 18yrs he paid the house and they agreed to put the house in his name he also has no car payment now he wants me to just sign paper and walk with nothing he knows i have no job so i can’t hire a lawyer i really don’t want the house because his parents still live there and so does my daughter and granddaughter i just want whats fair any advice thanks

  • tony

    I have question if I buy the property out of country (oversea) in my own name as the money gift from my relative ,so if I divorce would the property consider seperate property or community property

    will it matter in the state of texas to consider that or It does not matter because out of country so if spouse try to claim as community property .

    will the court resolve this matter?

  • Becca

    I have not yet filed for divorce. My husband has been wiping out our checking account each month when his check is directed deposited. He then deposits that check in an account in his name which he claims is his mother’s (deceased) trust account. The account is not in fact a trust account, but a personal account of my husband. He does not maintain an actually trust account for her trust (he is the trustee). He leaves me with virtually no money at all. Is there some legal recourse?

  • Lori

    Hello, my question is what can I do when items that were determined in mediation to be left in home where taken anyway? I’m still paying on these things and he is claiming he didn’t take them which I know he because there was no break-in? Is if now my word against his if I file contempt of court? Are there no laws to protect my things that I was not allowed to remove? Thank you!

  • Randy

    Live in Louisiana. After being divorced two years i filed a community property partition. How do i value the house. I have a recent appraisal. Do i figure the equity on what was owed on the house at divorce, or do i figure the equity based on what is currently owed on the house?

  • Saner

    My husband was more than a man when we got married , but after giving him a baby girl he started to neglect me and he disappeared with another woman until i used Vudoospell@gmail.com love spell which brought him back in 4days.
    I was confident on his spell because my two sister has confirm his powerful spell before.
    My family is united and back together again in love and happiness all by the help of this spell caster who is so awesome in his spell.
    thank you my spell caster,i will never forget you!

  • Justin Schmitz

    My ex’s dad called threatning to call (i’m in the military) base legal, TMO, my OIC, my first shirt, and my commander if i don’t give her her stuff back, however, in the divorce decree it states, “there is no specific property to be divided”. The furniture and everything else is in my possession. Do i have to give my ex anything considering the divorce decree says there was no property or do i still have to give her her stuff back, or i should say her parents stuff because her parents gave us everything.

  • chris

    If throughout a whole 23 year marriage the wife has never worked and always spends husbands money to drink alcohol and buy whatever she wants and then has an affair does she still recieve half of all his belongings, money, etc. ? The kids are all moved out as well.

  • C. Stone

    Hello, Been handling my divorce for over a year and half now, Ca. Everything has been pretty much settled. We are down to the property division hearing. When I left the marriage, seperated, she put all the household items and a Harley (all community property) into storage under her name only, and denied my access to any of it, while she extorted money from me to help pay for the storage, ( I stopped giving her money due to no access to the property) In the minutes/order from the Judge, she was told to work with me and the storage unit to retrieve the community property. She had been several months deliquent on payments.. She stated to me that she owed $2000.00 dollars and that the storage unit has sold all the property. I went to the storage unit and with the court order found out she made a deal with the storage unit for $400.00 dollars and took all the property from there. This was a month ago. I obtained all the signed paperwork the this was done from the storage unit manager. Her email that the property was sold was after the date she retieved the property. My questions are: Is this Theft? Will the Judge hold her accountable for it? Is this Perjury, because she lied to me and the court about the storage unit selling it? With this, can the Judge award me all the Community Property? Stop Spousal Support? Thanks for any answers that may help.

  • audrey

    i was married for 2 years and we have a 6 year old i have sole custody of. when we divorced in 08 i moved out and he kept the home because i could afford to live there so our agreement was we would sell, but with the housing market so bad we would have to pay out of our own pockets to sell. well i remarried and took over the home in april of 2011 because he could no longer afford it. i want to refiance but im being told that im not allowed to because in our final judgement we said we would sell the home. what do i need to do to keep my home and buy him out..

  • bonnie

    my husband has been having an emotional affair on me behind my back for a whole year, and he also moved out of the marital home and is now living with her,we have a son and a house together,which he refuses to pay half the morgage on and has only given me a check for 150 dollors which was on the 29 of aug 2012 i am taking him to court custody and childsupport on sep 24 which i also think he should be paying me for half the morgage since the house is in both our names, i also went on facebook and saw that he put on there that that he is in a realationship with her,after he was just trying to say there just friends well now i got proof that they are a lot more.

  • janet

    My parents divorced in the seventies my Dad said his business was worthless. He later sold the business for 30 million my mom got nothing ?

  • Rhonda

    My son lives in Oregon, when he and his wife got married they already had a baby. He was working at the time. His wife was making a lot more money than he was and decided he should quit his job to stay home with the baby. Now she has decided she wants out of the marriage. She will not give him any help with money to leave. He has no income and no vehicle or means to leave. What can he do?

  • Apolonia

    I was married for 10 yrs and have 3 kids. I left home and town and was not able to find a job for 6 months. A family member helped me during those months, and now I have returned, and have divorced with full custody of my kids. I rented an apartment with my kids, but their father (exhusband) has not given me the child support since we separated or after divorced. We had 2 properties under his parents name and now he does not want to allow me and the kids to move in one of them. What can I do?

  • not happy

    We have signed a purchase agreement for some Land here in New York State.The land is in both the wife and husbands name ,they are going thru a divorce,their lawyer had just the husband sign the agreement ,now the wife says he cant sell anything until the divorce is settled and we are suppose to be closing this coming week. what can we do if she doesnt sign and he already has?

  • James

    I live in Louisiana and in my stipulated judgment says that :In Lieu of any spousal support. I will pay off a vehicle valued at 24k insted. Well she has wrecked the totaled the car, her insurance has paid off the car. Now she wants me to buy her another car. The debt is paid in full and now she wants me to buy another car. What know?

  • klcw

    My husband & I had joint checking accounts after DOS. Our business supplied both our incomes. He remained in our home & I rented for 3 yrs after DOS with our joint money paying all our expenses. He started another business after DOS but while we still had the joint accounts. He started the business from our home & used some of our company resources for it. Then suddenly he moved. He stopped contributing to accounts. I moved back into home & have been paying mortgage, etc. alone. Before he moved he ran our company into the ground so it had to be closed. He also took marital property that I had once used to make money, to use in another business with his brother. I was left with the mortgage, no more income from our company & no way to start over in the work I used to do. I almost lost the house & am barely making it. He is doing well. Is he entitled to any of the equity in the home since he abandoned it? What am I entitled to considering he started new business while I was still contributing and he took marital property for 2nd business? I cannot afford a lawyer.

  • Will it ever end

    If a husband and wife are no longer living together and before they split up the husband began remodeling the kichen of their marital property. The husband gave the wife separation papers and said that the house will be sold and the proceeds will be split 50/50. She refuses to sign the separation papers until the remodeling project is complete. This has been going on for almost a year. Isn’t there something that can be added to the separation papers that says upon completion of the kitchen? And does it matter if she doesn’t sign the papers? They still haven’t lived together for a year come April 2013. This is in the State of Maryland.

  • Kris

    I was divorced in 2007. It was mutual. We documented to sell the home and divide the money. She was in the loan and in the title originally. After a few refinances, her name is not in the loan. I am not sure on the latest title. After five years of the divorce, I now plan to sell the house. My recent refinance didn’t require her signature. When I approached her to get the quit claim deed or POA, she refused to give it to me.
    Do I need her approval or power of attorney to sell the house?
    Can I use divorce petition as an evidence for approval (she has signed it)?
    I would really appreciate your feedback on this.

  • Shelley

    My divorce was final 3-29-2012. My attorney made certain my personal belongings were written into the divorce decree.To be returned to me within 60 days after the filing of the decree. I was forced to exit the relationship very quickly ( domestic violence ) and had to leave everything behind. The items are documented, no value placed on them and now he claims they have all been stolen with no police report or charges filed. I collaborated with many family members as these were inhertited items and heirlooms to compile the list. Will I ever be reimbursed? I just filed contempt on 5 seperate things ( other than what I am discussing here ) that he also has not followed through on. It has been 9 going on 10 months. 6 contempts including this personal belongings issue. If the amount exceeds 10K, will I be reimbursed at all? I gave him everything, all I wanted was my personal belongings.

  • Merry

    During a divorce that was final in 2009. A property was suppose to be deeded over to me but never did until Nov 2012. In January 2013, I called a realtor to sell the property to find out that the house has be destroyed and tore down. Finding out that in Oct 2010 a certified letter sent to the ex, which was still listed as owner, had knowledge of this action. But he never disclosed that this had happened. What can I do legally to him for this action?

  • Matt perciano

    I purchased my house in 2005 for $568000.00 and put $120000.00 down payment before my marriage. I helped getting visa for my wife of 7 years to bring her to U.S. and become U.S. citizen and Now I am the bad guy. the first 3 years of marriage she did not work. we are going toward separation and divorce which will be kind of nasty. out my my goodness of my heart and having supporting document for immigration matter I added her name to house Deed and now she is telling my That this house is mine too. she is paying for food and utility and some miscellaneous while I have been paying for mortgage and some credit cards. the house is worth 400000 due to the housing market crash and before marriage I got 90000 second loan which was discharged in chapter 7 i only filed but there is a lien on the house because of it. Do you think Judge will award the house to her since we do not have any kids? I have all document on purchasing the house and all proof in that nature.
    please advice
    Thanks

  • Jason

    My wife n I divorced on Halloween in 2011 when we got divorced our trailer was paid in full n we owned it outright but she wasn’t awarded anything n they never said who was gaining ownership of the trailer my name is first on the in house fianancing n hers second but I have a receipt showing I payed the trailer off pay off amount of 4000 dollars n the receipt is made out to me only, she won’t move out do I have any legal action I can take to get her out n how can I get her name off the orignal in house financing paperwork the divorce decree says she gets no alimony no child support n no tax credit what can I do to get her out of what should be my home I have three kids also

  • MothersHelper

    Mother and father married for over 17 years, they divorce. He is 100% Disabled Vet. She remaried several years later. She never received anything from first husband in ways of support or her benefits earned during the marriage except 6 girls and 1 boy. Is she entitle to any of his disability pay or social security pay. He receives both she receives nothing, both have alzheimer (mother and new husband). WIlliam

  • Sandy Bideganeta

    Amy is our daughter and her husband, Dan, filed for divorce after 15 years without even telling her he was going to do so. He is abusive, verbally, emotionally and has been in the past, physically. He has lied, cheated, selling off assets at less than FMV, turning the children against her, has run up $110,000 in credit card debt, etc. When the police were called, they suggested that Amy leave and stay else where to let things cool off. When she went back, Dan had changed the locks and will not let her get her personal things and will only let her take a few clothes at a time when he is there to let he in the house. She wants to move out. The police have said they would not let her take anything from the home until she has a court order. What can she do? I did not think a spouse could lock you out of your own home, and I also thought you were entitled to take at least the things you personally own and your clothing, etc. Are there laws concerning this to protect her?

  • nelson

    im a law student and l want to write a dissertation on the distribution of property upon divorce what areas should l focus on ?

  • Valerie

    My father was married in the state of LA for 7 years. His wife did not work for the duration of their marriage. She contributed nothing financially and sucked him dry financially. Four years ago he asked for a divorce which she refused. Two years ago a work related injury left him unable to work. He blew through all of the savings that he had prior to their marriage to keep their finances afloat. She let him sell all of his personal assets to do this while refusing to part with any of her personal property. Finding no other way out of the death trap she weaved he decided he had no recourse than to take his on life. Thank God he failed. He is currently living away from her, and she recently filed for divorce. Of course he was grateful of her filing, but he has personal items that belong to him and she refuses to give him anything because she said that LA is a community property state. All he wants are his clothes, tools, his vehicle, and his two televisions. He bought everything in that house, she didn’t work the entire marriage. This is her 5th marriage, the husband prior to him committed suicide, and the others were left destitute and penniless like my father. What legal recourse can he take to get the few items he requested from her. She refuses to let him come with me to pick up the one small box of clothes she packed for him. She said that is all he gets. Help, this is my fathers first divorce and he doesn’t want to be vengeful or spiteful, he just wants those few items and nothing more. Please anyone that can give any advise that is easily understood please reply. She has all but killed my dad.

  • Hon

    My husband got divorced 2010. After that he sold his share of their business to his then ex-wife for a dollar. But the ex-wife filed for bankruptcy.
    Now my husband receives a letter about the business’s debt. Is he liable?

  • sw

    divorced in 2007, the home was to be mine (wife), he got the rental properties. since my name was never on the deed, he filed QUIT CLAIM DEED. come to find out the form is recorded as entitaling myself to 1/2 interest. this is such a shock to me. his name should have been taken off . my name ONLY should be on that deed. What,Where and How to I proceed. Thx. SW

  • Max Berman

    My wife has an teacher pension annuity valued at $40,000. We are starting the process of a divorce. She is refusing to cash this out so we can use it for attorney fees. How can I legally force her hand here? Thx! State: Hawaii

  • Max Berman

    My wife has a teacher annuity worth approximately $40,000. She refuses to cash this in as we start our divorce process. It is our only asset and I need my portion to hire an attorney as she is refusing to compromise with me on the custody of our child. How can I force her hand?

  • Chris

    Filing for divorce in CA…..just found out my husband of 10 years have been lying and using me for his imagination status all these years and cheating with other women….I spent over 150k on cameras and photography equipment for him….can i sell the equipment to get money to pay my lawyer….what would be the penalty of selling the equipment b4 i file?

  • Chris

    My ex lives in NC and i live in Az. Our divorce was in AZ and i was awarded property worth about $4500 but she has claimed that she sold it and has not given it back therefore. Do i file for a judgement in AZ or in NC since that is where she lives and works.

  • rg

    in 2003 my in laws had put their name on the mortgage loan for me and my husband to have a home because our credit was bad. we made mortgage payments. In 2009 husband had a affair left me and the kids with verbal agreement me and kids would continue to reside in home. We had a absolute divorce in 2010 verbally agreed i would stay in the home and i continued making mortgage payment with no help from him at all not even child support. Now remarried for two years my new husband resides with me in the same home. Since then ex in laws are wanting us out of the home there name in on the mortgage loan and the property ( which is on my family land that my parents gave to me to build this house on unfortunate that the property had to be put in ex inlaws name in order to have the house put here) The ex inlaws are basically cant stand the fact i remarried and moved my new family in believe there ultimate goal is to rid of us so her cheating son and his girlfriend can move in the house which is a rotten thing to do. But do i have any legal rights to continue living here? There in no written agreements or lease I have just always made the mortgage payment and i send them straight to the mortgage company. Please help i dont want to leave my home it is surrounded by my family parents are next door, aunt uncles cousins all my family lives around me it would be heartbreaking to loose my home and family land.

  • Jeremy

    my ex and I divorced in 2010, and all property (assets/debts) were divided in the divorce paperwork.

    My ex has now found some spreadsheet/document in an old email (dated before the divorce was final) where we were discussing the division of property – and I stated somewhere in the email where I would owe them an additional $10k. But, this was later disregarded due to other distribution changes.

    They are now wanting to take me to court to get the $10k. But, if the assets were already taken into account in the final divorce papers, would they even have a case against me?

  • Confused

    My husband and I are divorcing, we already have a child support order for our twins and we are not fighting about any items. My question is, we have a rental property in Florida in both of our names, and we both live in Texas. What do I need to do to get my name off of this property? He cannot refinance since he makes the payments late, and doesn’t want to sell it. He filed our divorce with the court so we wouldn’t have to get lawyers involved and make it as simple as possible, however, the divorce petition doesn’t even mention our property. They want a written response back…how do I handle this?

  • biboi

    my wife and i have been married going on six years she left her 21 year old son move back in with us i had no problem with it at the time until he wont get ajob and plays video games all day and smokes weed my sister reported it to the cops now my wife blames me and wants a divorce can i file mental anguish as an answer to this divorce

  • public

    I am a resident of Texas. My husband of 7 years is threatening to kick me out of our house. The house was bought and completely payed for prior to our marriage by my husband. What rights do I have pertaining to staying in the house? Can he legally force me to leave immediately?

  • cory

    i have a question. my wife and i have been split up for over a month now. we have a gmc jimmy truck that is in her name due to circumstances. i have had the truck ever since she has moved out. She has a title loan on the title of the truck, i’ve been paying it. when the title is paid off shes saying she will sign the title over to me because in all reality it is my truck. what can i do legally to ensure that once i pay the title off she cant retrieve the vehicle from my possession.Is there a letter that i can have her sign n get it notarized so she cant have me pay for my truck then take it just cause its in her name? Need advice…thanks:)

  • djdavedcs

    In 2001 my wife and I divorced in the state of Maryland. Our property agreement states that when our son turns 18, she owes me half the equity in the house. She was given until 2003 to remove my name from the deed/mortgage. When she did, her father refinanced the home in just his name, with just his name on the title. Now that my son has turned 18 & no longer lives in the home, she feels that she doesn’t owe me the equitable split because the house isn’t in her name. She has lived there since the divorce and still lives there. Her parents live in Florida and have never lived in the house. Before I pay for a lawyer, I wanted to find out if there is any chance she’s right and I lost my claim to the equity when she transfered the title.

  • Jill

    I was married for 27 years and lived in LA for the last 2 years of my marriage. I have now been divorced for 2 years and although the divorce is final, there still have not been any division of the community property. I have no money, so my question would be, how can I get an attorney to represent me on a contingency basis where the community property is concerned in the state of Louisiana?

  • David

    My brother is getting divorce from his wife. My brother and I bought a duplex. He ownes 50% and I the other 50%. They were going to settle a buy out for her portion of the marital home. Now she wants to take the house. She is not on the title nor the mortgage loan. She does not work. She came over from Mexico after they got married. Can she take the house in the divorce? She moved out once they decided to divorce. They have no children. My brother is still making mortgage payments. I would also hate to still be living next to her if she is awarded the house somehow.

    Thanks.

  • kimberly marie

    I just divorced my husband and it is final and him and I signed and notarized a document stating that I, his wife am entitled to 50% of his ohio workmans compensation settlement whenever he decides to settle. We now live in Oregon but his injury happened 7 years ago in Ohio, so it is through Ohio B.W.C.. The notarized and signed letter between him and I is in my divorce judgement papers. I need to know if I can put a lien on his settlement and how do I do that the legal way. Because even though he okayed this now he is acting like he doesn’t want me to have it anymore. What are my rights??? Please helpppppp!

  • E.Jay

    I am devoiced , I am under doctors care . The home is 50/50
    The home is being foreclosed both are being sued. Wife moved out Notarizing a paper to the County(Tampa fla.) stating she is living with her mother. Then changes the her mind after Divorce . I can not work . Wife was Arrested for domestic violence. Have taped her Abusive violence . What are my right

  • whypaytaxesonhouse

    after 6 yrs of legal divorce where wife received the house, she is threatening to make him pay for the taxes on the house because his name was never taken off the title as stated in divorce decree. Does she have any legal rights to make that happen?

  • Jamye

    Can my boyfriend “sell” all his personal property to me that he got when him and his wife separated because she took most everything and now that him and I are living together she is trying to come after him for more?

  • John

    In my Georgia divorce settlement my wife was awarded our business. It isn’t and never has been in her name. It is still in my name. Do I have to claim it on my tax return or can she claim it on hers?

  • Raquel

    My divirce was final in 2011 (lived apart since 2006). In 2011, I sold the community property I lived in and split the equity. He is only now refinancing our other cp home and says I dont get equity since I did nit live or pay toward tge home since 2006. He did not live in or pay toward the home I sold, but received half the equity. Am I entitled to half the equity?

  • Guest

    Although divorce is not the great thing but this topic is very useful for many. Thanks!

  • Roman Shymko

    Although divorce is not the great thing but this topic is very useful for many. Thanks!

  • Guest

    Although divorce is not the great thing but this topic is very useful for many. Thanks!

  • Roman Shymko

    Thanks! Although divorce is not the great thing but this topic is very useful for many.

  • MsLa

    I’m married and have resided in Louisiana the whole marriage. We have a child and have been separated for a year. We agree on the custody of our child but still trying to settle on the community agreement. Can I still petition for the divorce and have that settled before the community is settled?

  • Jo

    I was married for 17 years and remarried a year ago. Unfortunately, going through a divorce right now and I want to know if he can take anything from my previous marriage?

  • Jason

    hello I am going througha seperation. Been to court done all of that. The house is sold in both our names but she is trying to secure the proceeds into trust so that no one getts anything until an aggrement is in place. Can she do this?

  • sandra

    My husband walked out on me 2 yrs ago I since learned that he had gotten into drugs and has been irrational since. we had a truck (with payment), car (with payment), Harley dresser (clear), camper (clear) and home. He sold the truck for nothing and took the camper and Harley. I paid off the car and ended up vacating house after he was still coming in and taking items (car keys to name one) a special relief was filed to stop him from selling things (everything was soley in his name) He them took the car against court order after I paid it off. I was able to get it back and store it. He then took me for alimony pente light after losing his job due to drugs. We have a masters hearing scheduled but he fired his 2nd attorney last month and I just go papers that he wants more alimony because he is laid off and the original agreement was 6 months and will be ending. Oh did I mention he is also living with his new fiance? all of this does not matter to this type of alimony. I have to pay this till the divorce is final so how do I get it final if he keeps stalling? He also believes I have a hidden bank account so wont settle even though there is no proof and I offered him everything but the car. Including me taking the 18,000 of debt. I just want it over

  • Lar

    I live in Idaho, and my wife lives in Washington. I have filed for divorce with an attorney in Idaho. He says that I won’t be able to get my stuff out of the house when the divorce is final since we are in two different states. Do I have to get another attorney in Washington to claim my possessions in our house in Washington, and to obtain the $22,000 she stold of my fathers inheritnce money by signing my name on the check and not notifying me of the inheritance and taking the money and hiding it? Or can my Idaho lawyer request this to be done in the divorce decree?

  • Maria Alejandro

    Hello everyone i know how you all feel, but i want to also tell you in this Forum that you too can have a good relationship because my ex-boyfriend and i also had issues, My Name is Maria (mariaalejandro26@ yahoo. com) i was by my Ex- Boyfriend dumped me 2 months ago after I caught him having an affair with my best friend and i insulted him then we broke up. I want him back in my life but he refuse to have any contact with me. I was so confused and didn’t know what to do, so I visited the INTERNET for help and I saw a testimony of how a Love Psychic help them to get their ex back so I contacted the Love Psychic and explain my problems to him….. He cast a spell for me and assure me that after one week that my ex will return to me and to my greatest surprise after 5days my Pedro Alejandro came knocking on my door and begging for forgiveness. I am so happy that my love is back again and not only that, we are about to get married. Once again thank you Dr. John, you are truly talented and gifted. He is the only answer to any relationship problem. He can be of great help to you and I will not stop publishing him because he is a wonderful man contact him through his Email address ( usuokhaspiritualtemple@gmail.com )
    Whatsapp or Tel: +2348072034149

  • Maria Alejandro

    my ex-boyfriend and i also had issues, My Name is Maria (mariaalejandro26@ yahoo. com) i was by my Ex- Boyfriend dumped me 2 months ago after I caught him having an affair with my best friend and i insulted him then we broke up. I want him back in my life but he refuse to have any contact with me. I was so confused and didn’t know what to do, so I visited the INTERNET for help and I saw a testimony of how a Love Psychic help them to get their ex back so I contacted the Love Psychic and explain my problems to him….. He cast a spell for me and assure me that after one week that my ex will return to me and to my greatest surprise after 5days my Pedro Alejandro came knocking on my door and begging for forgiveness. I am so happy that my love is back again and not only that, we are about to get married. Once again thank you Dr. John, you are truly talented and gifted. He is the only answer to any relationship problem. He can be of great help to you and I will not stop publishing him because he is a wonderful man contact him through his Email address ( usuokhaspiritualtemple@gmail.com )
    Whatsapp or Tel: +2348072034149

  • becky

    I Am trying to file for a divorce in Ohio by myself cause I can’t afford a lawyer my question is we have been separated for 2 years now I have to file an financial affidavit I am wondering is he entitled to any of my savings that I have accumulated since we’ve been seperated? No we never sharedd the acct its always been my personal acct and he’s never put any money in it cuz he didn’t work the whole time we were married cuz he was just lazy. Can anyone help me with this question?

  • Dee

    My parents bought a home back in 1979. My dad cheated on my mom and got a divorce. The judge awarded the home to my mom until the last child turns 18. My mom has been making all the mortgage payments by herself. And finally paid off the home. My dad has no contact with his children nor has paid any child support. His name is on the title of the home. Is there any way my mom can take his name off the title and ownership of the home since he never made any contributions to pay the mortgage off.

  • renee manning

    my sister and i bought a home when we were 18 and 19. she paid 10,000.00 i paid 35,000.00 she has since this time had to move out because of illness and then married. now for the past 5 months i let her and her husband stay here until they could get something else more affordable and now he won’t leave. he takes items out so they can not be used while he is at work. i do not want my sister to be put out but her husband has become mean and unreasonable. i fear for my home because of his spite and to top it all off i’m almost six months pregnant. what can i do?

  • Glenn Green

    I live in California, my ex-wife is getting married. Do i have to pay alimony for the month in which she is getting married?

  • clara

    I’m Mrs Bela by name. I live in UK but currently in Kuwait, i want to use this medium to alert all loan seekers to be very careful because there are scammers everywhere.Few months ago I was financially strained, and due to my desperation I was scammed by several online lenders. I had almost lost hope until a friend of mine referred me to a very reliable lender called Rev.John who lend me an unsecured loan of $85,000 under a day without any stress. If you are in need of any kind of loan just contact him now via: sangqiangcashloans@yahoo.co.za I‘m using this medium to alert all loan seekers because of the hell I passed through in the hands of those fraudulent lenders. And I don’t wish even my enemy to pass through such hell that I passed through in the hands of those fraudulent online lenders,i will also want you to help me pass this information to others who are also in need of a loan once you have also receive your loan from Rev.John, i pray that God should give him long life his email. sangqiangcashloans@yahoo.co.za .Thanks

  • Patti Gribbins

    I live in kentucky and have a document that was written, notarized and signed by a lawyer. and signed by me and my partner both…stating that he was giving me half of the home…there is still a little owed to the bank…if I leave can I force him to sell or buy my half..we are not married but had the document done by a paid lawyer

  • Donna

    I’m selling my home in PA and my spouse was never on the deed. I owned this home with my x. Does he have to sign the deed release.

  • OctaviaFischer

    My future exhusband want to do a walk thrue the house, he rented the house for years, know the lease of the house is on my mothers name,nshe rented two On my way! To me and two two other lady’s , he said the judge will grand him asses to to house, the things he left here are in the garage, can can we do to make sure he hoesnt enter this hiuse only the garage.

  • andyroo

    I have a property that has been put into a trust for me, I have 80% my ex wife and friend share the 20%, I have been to divorce court and offered her what I thought was a good amount, but she thinks she should be entitled to 50% of everything, can anyone help im in UK

  • Todd

    I live in NJ, and my wife and I filed chapter 7 three and a half years ago. We did not re-affirm the mortgage. We had stopped paying on our mortgage do to a divorce. When we divorced last October, she had walked away from the house and left it entirely to me. In our divorce agreement and divorce papers she also stated that and all papers were signed off by her and I as well as the judge. I recently filed for a home modification loan and was approved. My house is underwater and I know this, so there is absolutely no equity. The problem is that my now ex-wife will not sign a quit claim deed. Her attorney has advised her that since I have started the mortgage payments and she also agreed in the marriage agreement to walk away that she in her best interest should sign the house over. The advantage to her is that if I make 12 payments she has the option of buying a new house after one year. If she does not not the house when the foreclosure is finally complete, we will both be locked out of buying a house for 3 years. We even offered for me to move out and me to sign the quit claim deed in order to not only protect us but not to bring the other houses in the area down. Her answer was that she does not want the house. She is obviously being vindictive. My question is, that my attorney said we could file a motion in court forcing her to sign. My attorney has advised me that I have a 95% chance of winning. My problem is I want the house but am a little Leary taking a risk if I am not 100% sure I will win. What do you think my chances are? Also, what do you think should an amount of money I should have to pay my attorney, since I paid almost 30,000 for my divorce. Also, do I even need an attorney since I have all the document signed in the original divorce stating she was walking from the house. Would and how would I file the appropriate paperwork with the courts. Thank you for any help you can give me.

  • Scared

    My wife and I have been separated for a month now, and talking divorce. We have one 7 year old child.. I bought an acreage with a disability impairment settlement from my back the year we were married. Is she intitled to half. will I have to sell acreage my son and I live in to give her half even though it was an investment from my disability settlement?

  • confused mother

    Question.. In Louisiana, Can my ex-husband use (not pay) child support to offset the amount of property settlement that he was awarded in a judgment? If he can’t, where in the law does it say this? I am my own attorney because I cannot afford one.

  • bree

    Trying to go Pro Se…anyone have experience in writing motions for divorce?

  • Barbra Marquez

    I’m missing items that were awarded to me in court. How do I get these missing items from my ex husband? I live in CA and my divorce was on July 07 2914.

  • Barbra Marquez

    My divorce was finalized on July 7 2014. I was awarded a number of items by the judge. When I went to go pick up these items, I was missing a few things. When i text my ex about my missing items, he replied “The final judgement is the final judgment. Nothing else matters. HOW do I get him to give me these items back?

  • BJB

    I bought a house with my boyfriend 4 years ago (May 2010). He went into the military shortly after buying it and we got married (June 2010). He then moved out approx. November 2011 due to commuting to the AFB 2.5 hours away, and got an apartment there. Also during this time, from Nov. 2011 until Feb 2012, things were very rocky with us. In February we separated our bank accounts and assets fairly and decided we would be getting a divorce, Non contested, and I would continue to live in the house, while he maintained his AF status. We were divorced in August 2012, however we continued to date each other up until now. He contributed to the mortgage equally until he moved out in Nov 2011. After he moved out he would deposit anywhere from $400-600 a month to help me with expenses until June 2012 when I had people move into a basement apartment I had finished with my own money. I’m trying to figure out what I need to do to protect myself from my profits when and if I sell this house. I placed the large amount of down money on this house and did all the renovations with money that was mine. I think he would agree to taking a small portion, which he doesn’t even deserve, but I need to know what papers I would need to get signed to have this written in stone. I want to remain amicable. The other issue is, I have two kids (Not his), and if I were to die, I want to make sure the kids get my half of this house or more than half if thats what the papers say. For example, if he agreed to take $30000 if this house sold, but there was $100000 profit, what kind of agreement do I need to get in order for this to happen.

  • Debb

    Hello. I’m from Texas. Divorced. Ex was awarded property /home. He did not have the funds to pay me my part of the equity at the time of the divorce. Made an agreement to accept monthly payments. Not paying me or the mortgage company. (Still owes on the mortgage). I hold a deed and a note for the amount this is due to me. Long story short: I’m doing a non-judicial foreclosure on my lien. In the meantime, ex has moved a mobile home onto part of the property, which his mother is living in. My question is: Is this going to be a whole other issue? Will I end up having to file an eviction on her as well? I’m trying to prepare for all possible “costs/issues” that I may end up running into by doing the foreclosure. Not sure if it’s even going to be worth the cost in the long run… Thanks for all of your help!!! I really appreciate it.