Divorce Solutions

Oct 31, 2018

Question #185:My husband and I have been married 12 years. I have a 19-year-old daughter and 15-year-old son from a prior marriage. We have a 11 year old together. My husband has never contributed monetarily or emotionally to the raising of my 2 older children. He has also not financially to the expenses of our 11 year old. The only items he’s contributed to are $800.00 for summer camp and 1/2 of his football tuition (for the first time this year) I alone pay for my daughter’s full time college tuition/board and expenses. I buy all of the children’s clothing, shoes, spending money, car, etc. My husband pays most of the household bills and I pay approx. $2000 per month toward the mortgage (he pays about $400). I also buy all the food for the house. I desperately want a divorce and have instituted proceedings 2x’s. We start counseling and nothing changes. My husband will NOT leave the house and I am having an extremely hard time handling living w/ him. Can I leave the house, with my two children (the oldest is away at school). I would stay in the same town so I am not attempting to keep him from his child, I merely cannot live w/ him anymore. Also, I make substantially more than my husband, approximately $136,000 (inc. bonus) to his $70,000. This is the reason he gives for the total disparity in the amount of money he contributes. However, due to the difference in our expenses, he actually has more disposable income than I do. Also, I have made all repairs to the house. He will not pay for anything and my house is falling into disrepair. Please advise.

You did not indicate what state you are living in. You also did not indicate when and how you acquired the home. Did you acquire it prior to the marriage with your own money, or did you acquire it during the course of the marriage with money earned during the marriage. Also, how is the […]

Continue Reading...

Oct 31, 2018

Question #184:Hi. I live in NY, have been with my husband for 16 years and married for 14. The house that we live in was my grandmother’s house, which was passed to my parents. I bought the house for $1 from my parents 1 month after my marriage, as it was a stipulation in their divorce. I have lived in the house my entire life. The deed and the mortgage are both in my name alone. He worked throughout the marriage, but jumped from job to job and hardly contributed any money toward the bills. He literally spent everything he made on himself and his toys. My question is: What chance do I have to keep the house and not have to give him anything? There are 2 children and they will be staying with me. Thank you for any information you can provide.

Technically, if the “Dollar” you used to purchase the house came from funds you had prior to your marriage, and as you say, you kept the title to the property solely in your name, the property should be considered separate property and not marital property and your spouse would have no claim to it. In […]

Continue Reading...

Oct 31, 2018

Question #179:I have been married for 16 years to my current husband. I just recently discovered he is having an affair. This is his second (that I know) affair in the past two years. He wants a divorce. This is the complicated part. Many years back, we had decided that I would stay home to raise our children. When the time came I did just that. 16 years later,8 kids, two college degrees for him and loss opportunities for my career advancement, he decides he doesn’t want this marriage any longer (He is still continuing his affair). I am unemployed and need time to develop skills to reenter the job market. He is planning to put the house up for sale and move-on with his life. How can I protect my kids and me from having him leave us homeless and without financial resources? Can I regain some monetary value for helping him advance in his career while I was the responsible one at home? Should I file for a separation if I ask him to leave the house?

If the house was acquired during the course of the marriage with funds earned during the marriage, the house is marital property and you would have an approximate one half interest in it no matter how title is held. If you were to file for divorce, your husband would be ordered by the court to […]

Continue Reading...

Oct 30, 2018

Question #174:My ex & I divorced in Kansas about 2 yrs ago she agreed and I was awarded the house. I did not get house put in my name because I feared bank reaction. She also did not sign quitclaim deed as stated in divorce decree. She took the paperwork to house and sits on the Internet and researches divorce stuff. I’d now like to sell and move she’s holding paperwork hostage and now asking for half of sale (originally 1/2 of profit [probably a break even sale as truck she got-loan rolled into house payments about 6 months before divorce [approx $16,000]. now she just says half of sale. Neither one of us followed through, as we should have after divorce. I’m not sure I even received official divorce papers, but what if anything can I do now. One realtor said take decree to county deed office? Will they require quitclaim? And once again I’m worried about mortgage co. My credit not great after divorce although I’ve been the only one making payments before and after divorce.

Once again, I cannot overemphasize the need to use an experienced matrimonial attorney when you go to court to get divorced. All of the paperwork including the quitclaim deed should have been completed before the divorce papers were filed. What you have to do now is go back to court and make a motion to […]

Continue Reading...

Oct 30, 2018

Question #171:My ex-wife and I Filed for an uncontested divorce in PA. It was finalized last year Aug 2005. We were told that property distribution did not need to be done as both of us wanted to remain in our house with our kids. Now she has had her boyfriend move in and my boys and I want to move. She says that I am not entitled to anything because the divorce is final. What rights do I have?

I cannot properly answer your question, without reviewing the judgment of divorce and any Separation Agreement you entered into. You state, “we were told” by whom were you told? I cannot overemphasize the need to use an experienced, matrimonial attorney in all divorce proceedings. An experienced attorney would not have allowed you to divorce and […]

Continue Reading...

Oct 30, 2018

Question #166:My wife and I have been separated for the last year and 6 months and we have a 8 year old son that we share taking care of him. My wife has move into her own apartment while I’m still in the house. I guess my question is I would like to retain the house or if I decided to sale it can I get a little more scene I been paying all the bills for the last 18 months and if there anything I can do to keep the house because we were not married when we first move in the house and she still has the maiden name on the deed.

In order to properly answer your question, I would have to review your Separation Agreement and the judgment of divorce, and any other court orders that may have been issued. You may be entitled to the house. If you are living in the New York City metropolitan area, I strongly suggest that you mediate this […]

Continue Reading...

Oct 30, 2018

Question #155:Hi, I have a question regarding financial issues and would like to know if you can help me with. My husband and I have been married for over 5 years but no children. We live in NY. During our marriage we have had too many fights and I can’t take it anymore. I have been working full-time through the entire marriage, but my husband makes about 10 times more than I do. We purchased an apartment together AFTER our marriage, and it is under both of our names. BUT, my husband says that if I want a divorce, he will not give me any shares of the apt. He had an apt prior to our marriage (not in my name), and sold it in order to buy this apt. He claims that he contributed much more money to the down payment and mortgage than me, and therefore I will not be granted half of the apt. However, I do contribute to the monthly maintenance (about 1/3 of the monthly mortgage payment), as well as many of our household expenses. My question is: will I be granted half of the market value of the apt? My husband also has stocks and bonds (some purchased after the marriage), investments in restaurants as well as real estate properties (also some after the marriage), retirement, large amount of cash reserves in saving accounts/CDs… But all accounts are under his name regardless before or after the marriage. Am I entitled half of the money/profits he earned AFTER we got married (we have no prenup)? Also, although I can support myself, once we separate or have a divorce I will not be able to afford buying an apt. Will I be granted any spousal support? Many thanks!

If you are named on the apartment, you have an equity share in it and even though your husband contributed most of the money, he in fact made a gift of it to you by putting you on the deed. You are also entitled to spousal support separate from the issue of the division of […]

Continue Reading...

Oct 30, 2018

Question #148:Right now my wife and I are still married but my wife doesn’t want to be with me. We bought a house while we were married in New York State. All the assets including the house are in my name. Is it possible to sell my house with out splitting the money of the house even though the deed is in my name? Would it also matter if there are no divorce papers yet? I am the one who pays all the bills for the house and maintains it; will my wife still get 1/2? If I can prove this will this stand up in court? Is there any other legality issues regarding the house that I should be aware of? Thank you for all your help I appreciate all the information you can provide.

If the house was purchased with monies acquired /earned during the course of the marriage, the house is marital property and subject to equitable distribution. Thus, although the house is in your name, and you could sell the house now without your wife’s consent, in the event of divorce, the court would make you give […]

Continue Reading...

Oct 30, 2018

Question #141:My husband and I own two homes in two different states just recently he changed the locks on the second house. Can he legally do this without my knowledge? I asked him what he was doing at the house and he said he was just checking on things. Do I legally have the right to call a locksmith and enter the home? He hasn’t mentioned he wants a divorce, but all his actions tell me different. At this point I do not believe he has contacted an attorney, but I just want to make sure I go about things properly.

If title to the home which you refer to is in your name, whether title is held in your name only or jointly with your husband, you have every right to have access to such home. If title is held in his name only, then the issue becomes more complex. In the event of divorce, […]

Continue Reading...

Oct 30, 2018

Question #140:I and my wife live in Virginia. We have two underage children and we own our own home. I have several questions. I want to pursue having a legal separation. My wife and I don’t have any rancor toward one another so we want to do this as cheaply as possible, but we do want to ensure our individual interests and our children’s interests are protected. I will be moving out of our joint home (as a residence), but we still want me to maintain joint ownership of the home (as property). Is this possible? We really don’t want to sell our home, because we want my wife and the kids to continue to live there. Also, the home is my primary investment in my future and I don’t want to give it up, and my wife is okay with this. Neither of us can afford to buy our share of the home from the other. Also, I am bisexual and will likely pursue an intimate relationship with a man after my wife and I legally separate. My wife understands and accepts this. But, if I did so, would I be violating a legal separation agreement? One of our goals for the legal separation is so that I can explore in this area of my life. If a legal separation prohibits sexual contact with another person (in my case, a male), what do I do? Finally, I am in the will of an elderly relative to receive a small inheritance. It seems greedy, but my wife has more resources than I do, and I would like to see that I receive the full small inheritance when that time comes. Would a legal separation ensure that it would come entirely to me, or would I still need to split the small inheritance with my wife? I want to do what’s right, but given my financial circumstances, I’m not in a position to do more than what’s right.

I believe your situation is ripe for mediation. You should engage in an experienced attorney-mediator who can draw up the Separation Agreement which should provide for retaining the home as “tenants in common” instead of “as husband and wife” but which will allow your wife and children to remain in the home, and for you […]

Continue Reading...