I married 12/31/05 I bought my house on 11/04/05 if I divorce her does have the right to 1/2 the proceeds?

Question

This is a classic case of getting married on the rebound. I was divorced on 06/03 and remarried on 12/05. I realize I was pushed into marriage by her. She is a Mexican citizen and I have applied for her residency. She told me she had a cyst on her uterus, upon going to the doctor here she was found perfectly healthy. She is currently working since the last week of March 06 she has only deposited about six of her more than 16 checks. She has access to our checking account with bank card and the right to write checks. She also drives my car with a gasoline credit card I provided for her. She also has a 10 year old daughter whom I don't get along with. I have not adopted her daughter and I don't intend to. I feel there is no chemistry between us.

Answer 1

Ask an attorney.

Answer 2

1. If you do not live in a community property state, then she gets nothing.

2. If you live in a community property state, she can make a claim, but I doubt she will win.

3. cancel the credit cards. close the account. If the bank tells you anything otherwise, speak to a manager. You are the custodian on the account. (If this still doesnt work, have YOUR name removed from the account)

The ONLY way she would have a compelling claim would be if she would try to say that you were married by "common law" before the purchase date. Every state is different, but her case is not compelling because of the short time.

Answer 3

We are way out of our league here... you need to consult with an attorney immediately. You need to seriously consider all of the legal ramifications of terminating your marriage, if you're unhappy here at this point in your life.

In the mean time, I would strongly recommend curtailing your "wife's" access to your financial estate. Take her off the account as a signor, cancel her ATM access, and perhaps even consider removing her gas-card privileges. You say she's deposited only about 1/3 of her own earnings, so she's not going to be financially bereft by any means. Besides, you can always issue an "allowance" if it makes you feel better in the interim.

On a complete side note, be thankful she's working and not sponging off you. As to the kid, well, there are very few step-parent/child relationships that are as smooth as ice - and it's a fine example right here.

Good luck to you. CALL YOUR LAWYER MONDAY!!

Answer 4

You nee dto sit down and look at the relationship and see if you WANT it to work. If you don't then start the process of leaveing her. Sit down and tell her how you feel and what you think. Explain to her everything. Then start seperateing things out to who's is who's. Seperate bank accounts and credit cards and cars and then leave the house for last when you have an attorney to help you out there. I'm not really sure what she is entitled to if she is not a citizen yet. So the best thing to do is sit down for yourself and seperate things and in the same time look in the phone book for someone who does free consultations and ask them what they think. Start there. Good luck.

Answer 5

My second marriage was sort of the same thing. I do not believe she is a citizen yet so I do not think she has as many rights as the average spouse and if her immigration process is not finished she may be deported. Like everyone else says. Consult an Attorney asap.

Answer 6

sahel578 has provided some good thoughts.

While there may be similarities, each State is unique and you need the advice of the best local attorney that deals with divorce. If you are serious this is an immediate need and you should be talking to the attorney Monday morning.

Answer 7

if her name is on the title then yes, if you want to get a divorce get an account in only your name, put most of your money in there, as long as her name is not on it you won't have to worry about her trying to take it, because she can't. trust me, I've been there done that. if you had the house before you were married it's all yours. anything you had befor her or her name is not on it should be all yours. talk to a lawyer, they will help with the extra details, and no she cannot get you for alimony you haven't been married 10 years or more.

Answer 8

If your state is a community property state, this is how it is done. Only property gained during the marriage is subject to community property. Property that each of you owned prior to the marriage belongs to that individual that it belonged to before the marriage. Some states have different laws, but that is how it works in most community property states. That being said, if you were to ever refinance the home in both your names at a later date, it would then belong to the both of you.

Answer 9

You weren't pushed into anything.

No one held a gun to your head. You're an idiot and got yourself into this mess. You deserve to be taken to the cleaners you flaming jacka$$.

Pi$$ off and whine somewhere else and let someone who really needs this cyberspace for a real, legitimate question have it.

Now...go twist in the wind like a good little dick|-|ead..

Answer 10

It was stupid on your part...no offense...but if you divorce her, it doesn't matter if you married her 2 days ago she gets half. You also will not help your plight by being the 'divorcer' versus the 'divorcee'. Although I'm not sure how much that would matter because even if she divorces you she is still entitled. lol The phrase 'cheaper to keep 'er' comes to mind. :)

Answer 11

You should consult with an attorney. If you live in a community property state, then she gets half unless you have a pre-nup.