josaphina
04-10-2003, 09:24 AM
Can anyone give me any info on divorce? We own 3 vehicles 2 of which my family paid for, we have 2 cats, & a hell of a lot of debt. The house we are living in is my Grandmother's. My family is worried that he would try & take the house or make claims for money if I left him, so they want me to wait until he wants a divorce. Does he have any claim to anything that doesn't have our name or even my name on it? I dont think he does, I don't see how he could. The house is in a trust w/ my name on it. But the way its set up, it's my grandma's then my mom's, & then mine. Will I have issues w/ that? I want to give him the one car that was just ours & evenly split the bills. I will also be willing to let him have any furniture that is not a family heirloom, so again anything that we paid for together. The only thing I really want claim to is the cats. besides he has an awful temper so if we had issues w/ him wanting the cats couldn't I use that against him? Any advice would be much appreciated. Thank you.
MerAlove23
04-10-2003, 06:08 PM
all depends i think... I've never been married..but whose name is everything in?
Morgaine
04-10-2003, 08:57 PM
A lot depends on the state you live in and it will also depend on who has been working and who is working now. If he can show somehow that you both contributed to keeping the house, i.e. paying taxes, renovations, etc., then he might try to claim half - then you'd have to buy him out or sell the house and give him half. However, the laws are really state dependent so you should talk to someone near you.
You said he has a temper. Are you okay???:confused:
~M
Happy4Me
04-14-2003, 09:23 AM
Divorce laws (like most laws) and statutes vary by state. Some states are common property states where what's shared is shared and therefore must be divided. In respect to your grandmother's house, if the Trust is a solid one, the house goes nowhere other than here the Trust dictates. Generally, that property would be yours since you would have that property whether your husband had contributed or not.
I am not an attorney and shouldn't give advice in regards to the law, so you really should check with an attorney in your state as well as scan the Internet for your state's divorce laws. Many times, statutes and laws of a state are available for reading via the Internet. Also keep in mind, that even if you read and understand the statutes, it is in your best interest to hire an attorney to protect you. I've seen a lot of people try to go pro se (represent themselves/not have qualified representation) who get screwed in the end. An attorney will protect your best interest.
Also, be aware that sometimes, attorneys will advise you of your legal rights and privleges but will be doing so to cause argument, which means they have to work harder, which means your bill will be higher. An ethical attorney won't do this, but my point is, fight for what is RIGHTFULLY yours, but don't waste your time and money chasing after something that doesn't matter to you or something you would just hand over to him just because it's your RIGHT. Advise your attorney as to what YOU want from the divorce and do not let them stray from that list unless you are ready and willing to pay.
Good luck!
Happy
EMCAD80
04-14-2003, 10:52 AM
josaphina: I'm sorry I can't contribute to this. I know nothing of divorce - except that if there are kids involved, don't fight dirty! Keep it civil and do what's best for them. I'm sorry your going through this - but when one door closes, another one opens.
SmilinGal19
04-28-2003, 09:11 AM
Josaphine,
I know a little bit about divorce because of what my bf is going through, but don't know from personal experience. If the house is set up to where your children can live in it but can't tear it down.....then you're safe. He can't touch it.
As for the items that doesn't have both your names on them, he can't touch them (I don't think). Now if he tries to fight the divorce you may have some trouble with items that doesn't have his name on it (like cars....etc.).
I hope this helps you some.
C
MerAlove23
04-28-2003, 09:25 AM
josephina do you have an update???