Well here's the story: #1 our house which we have lived in for five years( the time we've been married) was bought by her parents and put into her name before we got married, well my question is what exactly am I entitiled to legally, also we have some credit card debt that was racked up in while we were married, but all the cards are in my name, is she entitled to pay half of that? ANY help what so ever is greatly appreciated(my lawyer is spineless so there's not a lot of help there)
2006-08-23 16:06:58 · 4 answers · asked by kp1342 1 in Family & Relationships ➔ Marriage & Divorce
She is responsible for her half of the credit card debt. The house is hers and hers alone. Apparently her parents didn't foresee much of a future for you two from the very beginning. If your lawyer is spineless, fire him and hire a better attorney. You've got a lot to lose if this is done badly.
2006-08-23 16:11:24 · answer #1 · answered by Veiled Splendor 3 · 0⤊ 1⤋
The house is her seperate property, and you are not entitled to it. You can try to make a claim for any improvements you put into the house, including your labor (but not routine things like mowing the lawn).
Since the debt is all in your name, the judge is likely to just let you keep that. You can try to prove that some of it went to better her seperate property (the house) but you'll need reciepts.
What you are roughly entitled to is half of the community property. That is anything either of you purchased while you were married. These are things like cars, sofas, other furniture, boat, etc. You have no claim on gifts to her from her parents or anyone else, but you get half of gifts that were to you both. If you have money in retirement accounts, you get to divide that too.
Make sure you have a very thorough list of the community property. Mentally go through the house room by room, drawer by drawer. You will be able to make trades with one another - like if she particularly loves the sofa, you can trade it for something of more value.
2006-08-23 23:09:17 · answer #2 · answered by Catspaw 6 · 2⤊ 0⤋
first of all fine another lawyer who will work for you. The house will be her debt. as for as the cards make sure you have all the reciepts to show who spend what and half the total is her debt too.
write down all the bills and then who pay what and that is what you pay and only pay.
my parents divorce while i was a teenager and did not go well
good luck
2006-08-23 23:27:47 · answer #3 · answered by ? 5 · 0⤊ 1⤋
as far as the house, she will get it, especially if there are children involved, the credit card debt, if you got paper proof of her spending habits, you will need them to make her be held responsible for any debt incurred, good luck
2006-08-23 23:18:16 · answer #4 · answered by davionmw 4 · 0⤊ 1⤋