This is under RI but if you don't know specifically, a general answer could help =)...
My father is disabled and had child support from my mom because she is a business owner. Now my brother and I are both over 18 and living with my mom. My dad is filing for divorce (they have been separated). Would he win over splitting my mom's property and money?
2006-12-31 08:24:26 · 7 answers · asked by Hung N 2 in Family & Relationships ➔ Marriage & Divorce
Thank you, you guys have been a great help!
2006-12-31 08:55:44 · update #1
I am not an attorney, but I am a private investigator who has seen many divorce proceedings take place. The answer is a little complicated and may vary depending on the state laws where the divorce is taking place, but in general the answer is likely to be this: The property that was acquired during the marriage is community property and will be divided between the husband/wife. Property owned by either one before the marriage, unless somehow transferred to the marital estate, remains the sole and separate property of it's original owner, and any property acquired after the date of legal separation, not acquired using marital estate resourses, would likely be ruled as the sole and separate property of the one who acquired it.
I know that this is not a complete answer, but I hope it helps as a general idea of what the court might order.
2006-12-31 08:48:58 · answer #1 · answered by patthepi 1 · 0⤊ 0⤋
The simple answer is to consult with a divorce attorney. Generally, income earned and assets acquired while parties are living separate and apart are not considered "community" and are not to be split. But that's a general rule. There are many variables...such as whether your parents have/had any written agreements when they split, how long they were together, what your Dad is capable of earning, whether your Mom would be required to work, and so forth. Best answer is still to consult with an attorney specializing in divorce work.
2006-12-31 08:28:41 · answer #2 · answered by judgebill 7 · 0⤊ 0⤋
So you lived with your dad till you were 18? He and your mom were separated at that time but not legally? He was receiving child support from your mom for the two of you. Now you live with your mom, and your dad is deciding to file for divorce. Wow ! Well I am no expert on these matters, but I think he would have to have been living with your mom to be entitled to anything. Sounds like they were separated for a long time. If there is some weird law that says he is entitled to her stuff, she better liquidate everything fast if she does not want to share it with him. He just might be able to get half of it all. Good Luck
2006-12-31 08:32:58 · answer #3 · answered by sweetpea 4 · 0⤊ 0⤋
This depends on the State they live in. In my State its pretty much 50/50 if you have been married over 10 years. Even though they have been seperated the time apart still counts as time towards the marriage.
Do some on line research for your States laws regarding Divorce and splitting the assetts of the parties involved.
2006-12-31 08:30:10 · answer #4 · answered by just_trump_my_ace 2 · 0⤊ 1⤋
Well I don't know th rrules there, but most states when you get a divorce you have to slpit money, propertirs, and anything else that belongs to the both of them. But if she had a annulment made, all he gts is what is agreed. But normally when a couple gets a divoce you split everything half and half.
2006-12-31 08:33:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I think he would be entitled to a division of property based on its value when they separated.
2006-12-31 08:27:31 · answer #6 · answered by Raven 5 · 2⤊ 0⤋
Yep, sorry thats the law.
2006-12-31 08:26:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋