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Anonymous #1

can my wife take half the house in a divorce? details inside
    #12010494 - 02/11/10 04:56 PM (14 years, 3 months ago)

hello everyone, long time no see. life has been a bit crazy lately and i thought i would ask a few questions here because i have always known this place to have its share of very well educated people.

so long story short, my wife left while i was at work one day and i came home to find her and all her stuff gone. we did have a big argument before i went to work and we have been in a very rocky relationship for a very long time . so my wife's credit is shot and she did not work.
when my dad passed away i got an inheritance, i used this money to get a house,truck and build a garage on the property.

now when i bought the house my wife wanted to be involved and they put her name in the title box on the load application. but all the other paperwork was solely in my name. i was the borrower, i was the purchaser and i am the only one who signed anything. when i called the town hall today they said the deed was in my name.

my wife is only talking to me through her shitty friend who does not like me. i am trying to be civil and get her truck back to her even tho it is also in my name. i also was also going to help her out because she has no money and i work full time. i spent 8 years with this woman and she will always have a place in my heart. i don't hate her we have just changed and grown apart.

but now her friend has it in her head that she can take me to the bank / take my house and they have made it known loud in clear through the angry 300lb wider beast friend.


so does her name on the initial loan app under title matter or does the purchase agreement and deed matter?



thank you for you reply

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OfflineAlan RockefellerM
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Re: can my wife take half the house in a divorce? details inside [Re: Anonymous #1]
    #12010634 - 02/11/10 05:20 PM (14 years, 3 months ago)

It helps that you were the one working and the money came from you.  I am not sure how much it helps.  I know next to nothing about divorce law.  A free consultation with a few divorce lawyers is your best bet.  Once you have some idea how it would play out in court you'll be in a much better position to do some negotiations.

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Invisiblefastfred
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Re: can my wife take half the house in a divorce? details inside [Re: Anonymous #1]
    #12010654 - 02/11/10 05:23 PM (14 years, 3 months ago)

> they put her name in the title box on the load application.

That doesn't make sense.  Who's on the title and who signed on the loan?  You or both of you?

> i am trying to be civil and get her truck back to her even tho it is also in my name.

If it's in your name it's your truck.  Don't give her anything unless/until a court orders you to. 

> i also was also going to help her out because she has no money and i work full time.

Do not give her any money.  That's just paying her to leave you.  If she wants your help she can come back home.  Besides, she'll be getting plenty of money from the divorce settlement anyways.  Nobody expects you to pay her to leave you, that's not how it works.

If you give her money she will take it straight to the lawyer and use that to extract a shit ton more money from you.

Your best bet is to offer to pay her rent on an apartment for a year, also probably sell the truck and buy her a shitty beater.  Get her to agree to that as the divorce settlement so that she doesn't have to get a lawyer.

> so does her name on the initial loan app under title matter or does the purchase agreement and deed matter?

I shouldn't have to tell you this, but you need a lawyer.  You've got a lot at stake here and your best bet is to get the divorce done quick and cheap without her getting a lawyer.  Get the paperwork drawn up, kiss her ass, tell her how you want to help her and hope that she'll come back one day, then get her to sign the paperwork.  If that doesn't work you are likely to be pretty severely fucked with no lube.

In many states it doesn't matter jack who's on the title.  If you are in a "community property" state you each get exactly half of what you both own.  If you're not in a CP state you'll probably end up paying alimony.  Either way you are going to be paying her a lot of money, either half of what you make or half of what you own.

If you're in a CP state when the divorce goes through if you can't cash her out of half the equity you have in the home they will force you to sell the home and split the money.

So to answer your question, yes she can take half of what you own in many (maybe even most) states.  Get a lawyer TODAY.  Ask what happens if you liquidate assets and squirrel away the money.  A lot of times that will reduce the damage since she can only recover half of what she can prove you owned rather than simply bringing a sherrif to your house and physically taking half of your shit.

Another point... Pay off any debts you have NOW.  CCs, loans, etc..  She can only get half of what you have usually, but they often don't have to talk half of the debt.  If you have $2000 in CC bills and $4000 in the bank she'll get $2000 from the account and you'll be stuck with $2000 (for debts in your name) in debts.  Basically she'll get 100% of your finances that way.

Good luck, but I know a lot of guys that have gotten the royal shaft this way.


-FF

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Anonymous #1

Re: can my wife take half the house in a divorce? details inside [Re: fastfred]
    #12011029 - 02/11/10 06:15 PM (14 years, 3 months ago)

thanks fast Fred for the reply

she never sighed nothing it is on the loan app form and the loan is in my name solely.the deed is also in my name only but i do live in a cp state.

everything is in my name and i have all my money in a sole account,it has been there for 2 years. i haven't touched the joint since this went down.

also she has lawyerd up first as i didn't know it was coming. or so she says.

i have no debt and we have no debt but she has lots of debt from before we even met.<---- rymes lol i might be fucked

thx guys

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OfflineHumility
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Re: can my wife take half the house in a divorce? details inside [Re: Anonymous #1]
    #12011420 - 02/11/10 07:10 PM (14 years, 3 months ago)

This is why I won't be getting married.

You chose to become involved in a union with this woman AND the state and you're now suffering the consequences.

Not to beat you down, plenty of people get married.  I totally disagree in this society.  It's like getting married in feudal China - the government is a part of the agreement.


--------------------

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Offlinesupra
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Re: can my wife take half the house in a divorce? details inside [Re: Humility]
    #12011801 - 02/11/10 07:54 PM (14 years, 3 months ago)

Quote:

Humility said:
This is why I won't be getting married.

You chose to become involved in a union with this woman AND the state and you're now suffering the consequences.

Not to beat you down, plenty of people get married.  I totally disagree in this society.  It's like getting married in feudal China - the government is a part of the agreement.




they can still get your shit in many states due to common law...

also, while MY name is the only name on the loan here in texas, since i'm married, my wifes name also has to go on the title for the home...its weird shit, but thats how they do it...fuckers.

peace

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Re: can my wife take half the house in a divorce? details inside [Re: supra]
    #12011882 - 02/11/10 08:03 PM (14 years, 3 months ago)

Sounds pretty tenuous to be taking my shit based on some agreement I never made with someone.  Much closer to theft in fact.

I wouldn't doubt it, but I'd like to see evidence of people losing property in the same way that divorced men do from common-law arrangements that were never recognized by the couple itself.

Either way, I'm sure not getting married helps.


--------------------

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Anonymous #1

Re: can my wife take half the house in a divorce? details inside [Re: Humility]
    #12014291 - 02/12/10 06:43 AM (14 years, 3 months ago)

so it seems that i don't live in a cp state according to wiki and i am going to get a lawyer tonight.

i will be getting a discount because my friend just filled 3 days ago because his wife is a crazy


"love is in the air" lol

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Invisiblefastfred
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Re: can my wife take half the house in a divorce? details inside [Re: Anonymous #1]
    #12015219 - 02/12/10 11:33 AM (14 years, 3 months ago)

> they can still get your shit in many states due to common law...

Common law marriage is almost entirely phased out.  It's only in 11 states and I think that is an old number.

To the OP... good luck.  I'd start draining your account and liquidating the possessions you think she'll try to get.  Gambling is a good excuse for missing money if it comes up.


-FF

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Offlinenumonkei
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Monk [Re: Humility]
    #12016584 - 02/12/10 03:24 PM (14 years, 3 months ago)

Quote:

supra said:
Quote:

Humility said:
This is why I won't be getting married.

You chose to become involved in a union with this woman AND the state and you're now suffering the consequences.

Not to beat you down, plenty of people get married.  I totally disagree in this society.  It's like getting married in feudal China - the government is a part of the agreement.




they can still get your shit in many states due to common law...

also, while MY name is the only name on the loan here in texas, since i'm married, my wifes name also has to go on the title for the home...its weird shit, but thats how they do it...fuckers.

peace



Quote:

Humility said:
This is why I won't be getting married.

You chose to become involved in a union with this woman AND the state and you're now suffering the consequences.

Not to beat you down, plenty of people get married.  I totally disagree in this society.  It's like getting married in feudal China - the government is a part of the agreement.





If you really think getting married in the USA is like getting married in feudal China, you clearly no nothing about the history of feudal China.

If that was just meant as a metaphor, well, sorry for being a dick. :smile:




~Monk

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OfflineHumility
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Re: Monk [Re: numonkei]
    #12018334 - 02/12/10 08:17 PM (14 years, 3 months ago)

Yup, Metaphor, not direct correlation.


--------------------

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Anonymous #1

Re: Monk [Re: Humility]
    #12022933 - 02/13/10 05:37 PM (14 years, 3 months ago)

so everything is going to work out, i threatened my bull dog lawyer on her and used a settlement she is getting as leverage.

she keeps her settlement and i keep my house.

DON'T GET MARRIED!!!!!!

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OfflineAlan RockefellerM
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Re: Monk [Re: Anonymous #1]
    #12025253 - 02/14/10 12:40 AM (14 years, 3 months ago)

Quote:

so everything is going to work out,




Good to hear it!

Quote:

DON'T GET MARRIED!!!!!!




Yea, if a girl really loves you she will stick around, marriage or not.  If she doesn't really love you she might pull some shit like threaten to leave if you don't marry her, in that case let her go!

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OfflineBrennus
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Re: Monk [Re: Alan Rockefeller]
    #12043268 - 02/16/10 09:11 PM (14 years, 3 months ago)

Quote:

Alan Rockefeller said:
Quote:

DON'T GET MARRIED!!!!!!




Yea, if a girl really loves you she will stick around, marriage or not.  If she doesn't really love you she might pull some shit like threaten to leave if you don't marry her, in that case let her go!




What's your opinion regarding prenuptial agreements? I actually had this discussion the other night with a close friend of mine. I have absolutely no intention of letting a woman screw me over and take half of everything I've worked towards.

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Invisibleluvdemshrooms
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Re: can my wife take half the house in a divorce? details inside [Re: Anonymous #1]
    #12050118 - 02/17/10 08:04 PM (14 years, 3 months ago)

Quote:

Anonymous said:
hello everyone, long time no see. life has been a bit crazy lately and i thought i would ask a few questions here because i have always known this place to have its share of very well educated people.

so long story short, my wife left while i was at work one day and i came home to find her and all her stuff gone. we did have a big argument before i went to work and we have been in a very rocky relationship for a very long time . so my wife's credit is shot and she did not work.
when my dad passed away i got an inheritance, i used this money to get a house,truck and build a garage on the property.

now when i bought the house my wife wanted to be involved and they put her name in the title box on the load application. but all the other paperwork was solely in my name. i was the borrower, i was the purchaser and i am the only one who signed anything. when i called the town hall today they said the deed was in my name.

my wife is only talking to me through her shitty friend who does not like me. i am trying to be civil and get her truck back to her even tho it is also in my name. i also was also going to help her out because she has no money and i work full time. i spent 8 years with this woman and she will always have a place in my heart. i don't hate her we have just changed and grown apart.

but now her friend has it in her head that she can take me to the bank / take my house and they have made it known loud in clear through the angry 300lb wider beast friend.


so does her name on the initial loan app under title matter or does the purchase agreement and deed matter?



thank you for you reply




This is not the place for accurate legal advice. Consult a lawyer.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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Offlinepothead_bob
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Re: Monk [Re: Brennus]
    #12054427 - 02/18/10 02:30 PM (14 years, 3 months ago)

Depends if u r worth anything going into the marriage. Prenups only protect wealth that u came in with. If u make ur money, buy ur house and cars, and beef up ur retirement acct when ur with the bitch, she could take half of all that accumulated wealth when she leaves.


--------------------
No knowledge can be certain, if it is not based
upon mathematics or upon some other knowledge
which is itself based upon the mathematical
sciences.
  -Leonardo da Vinci (1425-1519)

Speak well of your enemies.  After all, you made them.

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