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Asked 8/28/2011
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How do I proceed with this complicated divorce? We have been married for about 15 years. He cheated on my in my home while my child and myself slept. That was in 2007. He has since left our home to live with her 2 years ago. The man doesnt work, collects ssd. This is my problem... When we married his credit was so bad I put the mortgage in my name. He has about 30,000 in liens out on this home. So even though the house is appraised for about 120,000. I owe 206,000... The deed is in both of our names.
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Answer 1/5 - Submitted 8/28/2011
Anything is possable in a divorce if you can convise the judge to let him take over the house and the payments. You would need to make sure that he gets financing in his own name. If you keep the lones in your name and he defaults they will still come after you.
I don't know your finacial siustation but if its already bad you may just want to walk away from the house and let if foreclose as you are not going to be getting any equity in it at all. I know that is a bad thing to do but sometimes its the only choice.
Good luck to you,.
Answer 2/5 - Submitted 8/29/2011
You guys would have to work together, but you could refinance it in his name and get your name off of it. If he wants the house, tell him "I'll give you the damn house, if you take my name off the deed." If he wants it, and you don't it shouldn't be a problem to have a lawyer put it in his name too. You could get the deed and sign it over to him, and get it noterized. That should take you off of it completely, especially if he has liens out against it. I live by these words.... Go to legal aid. They have one in most counties. And they like to help people for little or no cost. They can give you all the legal advice you need.
I'm sorry but, your soon to be ex husband sounds like an ass! He doesn't help with child support?!?! And brings his girlfriend over. The one he used to screw in the house with you and your daughter there? That is cold, he can't possibly still be the same person you fell in love with. He just sounds mean. You don't deserve to be treated that way.
Also, in most states if someone refuses to give you divorce, eventually the judge can just grant you the divorce. But you have to take it up with a judge, and it has to go to court first. Otherwise the court has no way of knowing that you are trying to get out of this. He can go in an plead his case. But the most the judge can do is make you wait threw a legal separation period before he grants it. And no judge in their right mind is going to force you to stay married to some ass who commits adultry right in front of you, and doesn't support his child!
This is what most people don't know, is that a judge can give you grant you a divorce, even if the other person won't let go. Because in the eyes of the law, you are not another persons property, and it would be illegal to keep you trapped this way. Most times divorce takes 6 months. Because they want a legal separation to take place in case people change their minds. And sometimes the judge will grant alittle longer if people are still in love, and just need alittle counsiling. But eventually they have to let you have it. Make sure you are very clear about him not paying child support, even with his disability checks coming in. I know that he is collecting ssd.... But because he is collecting that, it may get you out of paying allomoney. Because you aren't really supporting him, the goverment is. You might be supporting him, but they'll see that he gets other income, so it is good for you, bc you can say that that's where most of his money comes in.
I really hate that they even do allomoney. It's like one person works so hard to support the family, and the other person stays at home all the time. And the hard working one gets screwed because they were the families sole income. So then you have to keep paying to support someone who wants to leave you, that's crap! I'm sorry that you are going threw this.
Also if he lives with this other woman, you can argue that she is supporting him. And if he marries her while you are paying allomoney, you can fight the allomoney.
In most states they do make people pay allomoney if they were married for 10 years or longer. Atleast that's how it works. Most states you will find, allomoney is a dieing thing. They don't grant it very often anymore. So look forward to that. Argue that you are the sole provider for that child, so you can't afford to support him to. If he doesn't pay child support, go to health and welfare office, and see if they will go after him for it!
Go on in to legal aid. I think your husband is trying to bluff by telling you, or having people tell you that he will get your 401k. He's tryiing to manipulate you into being scared so he and his lil girl toy can keep living off of you. Kick his ass to the curb. And tell him it's wrong to do these things in front of your child.
Also, you sound like a fantastic woman! You deserve better for yourself. Take care of this for you and your child/ren.... You deserve happiness. I can't believe you put up with this mess for so long, you'd have to be very strong! I probably would have gone to jail for hitting someone if I had walked in on that. Go to legal aid.... Stay strong! Best wishes!
Answer 3/5 - Submitted 8/30/2011
Hi TYNLIly: ou have been married to this man for 15 years and so this divorce may cost you more than you want, hopefully you have a lawyer! If you get a divorce the children should recieve SSD as long as your husband is not collecting SSI as well. It would be nice to think that you could just give him the house in the divorce, but with owing more than what if is worth is going to be a promblem. There are liens on the home which will hurt you if you were to try to sell it. Your husband would be entitled to part of your 401K, as for alimony this will be up to the courts. This will be a toss up because he is disabled recieving SSD, so you may not have to pay alimony, if you have always supported him and he has been a house husband even before he got hurt and started collecting SSD then he may be able to get alimony. Your both going to need a lawyer to sort this out. From what your stating here your only option may be filing bankrupsty. My sujestion is call several lawyers you will want an aggressive lawyer, there are many that offer free consutation so call several and compare their fees as well. I wish you the best.
Answer 4/5 - Submitted 10/29/2011
Answer 5/5 - Submitted 10/30/2011
No matter what, you're going to need legal representation to shake this guy up and show him how serious you are about ending it. Almost all attorneys offer a first-time free consultation. Take advantage of this and seek out at least three lawyers who specialize in divorces. When you meet, tell them and show everything you have to bolster your case. If you take the time, you'll eventually find one savvy enough and willing to fight hard for you to make this work out in your favor. Lawyers all charge about the same amount, so it's really up to you to invest the necessary time to find one who will aggressively go after this guy and get you what you want out of this.
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