my husband has never provided anything for myself nor children. We have been separated for nearly two and a half years. I intend to divorce him shortly. I have recently bought a property is he entitled to anything when I divorce him?
2007-01-25 09:25:55 · 9 answers · asked by Mz Ammie 3 in Family & Relationships ➔ Marriage & Divorce
If you have filed for a legal separation, then what you earn from that point on is yours for sure, and of course from you divorce file date, that is yours as well, in most states. That you have been separated and supporting both yourself and your children will likely mean that the house will not be considered his, nor part of the settlement.... but some guys may try to argue that it ought to be, and that they should get spousal support... yup, it happens....
The easiest thing to do is get what is called a mediating attorney --- look under attorney - divorce - mediation or mediating.... Assuming you and he have no issues, the two of you just tell the guy what the two of you want --- he fills in the blanks, you sign, he files it for you.... The cost is $75-300 depending upon the state.... the civilized way to end a marriage.
What you don't want to occur is an adversarial situation where you each get an attorney --- will cost you each $6000, and the two of them will drag it on and on, and they are the only ones who come out ahead... so, see a mediating attorney, and get your soon to be ex to agree what the settlement should be.
Can you omit him from your will? Of course... and probably you will wish to set up a Trust rather than a will (this in some states is costly, but often more efficient). You are the trust, and the trustee ( usually, Jane Smith Trust). All your possessions are held by the trust, you being the only one having access to it, even your checking account, tho it need not say Jane Smith Trust on it --- only you and the bank know. Under this trust, you may name people to look after your children in the event of your death. You may also parcel out amounts of money to individuals, from the trust. You house should be held in the name of the trust.... Hold all your assets under the trust, as I said, even your checking account, CD., your IRA, etc.
2007-01-25 09:45:05 · answer #1 · answered by April 6 · 1⤊ 0⤋
When you get divorced it says on the certificate that getting divorced can affect wills etc.
I don't think he would be entitled to anything from your new property if he hasn't ever lived there and it is in your name but get legal advice is the best thing to do.
2007-01-25 09:35:25 · answer #2 · answered by moby 2 · 0⤊ 1⤋
if you are only seperated than he is entitled to some assets, you should have got divorced then bought land/security, cause some states make it so he is liable. research your state divorce laws and hopefully things work out for you, or you could even just put your property in someone elses name (that you trust , like a parent) till the divorce is over. i believe legally you could even gift it to someone till the divorce is over ,,, good luck .
2007-01-25 09:36:58 · answer #3 · answered by mistyriver69 3 · 0⤊ 1⤋
Yes you should have waited till after everything was final as the law says everything is split 50/50.(in most states).Talk to a lawyer to find out for sure.
2007-01-25 09:35:06 · answer #4 · answered by amber 4 · 0⤊ 1⤋
if you are legally separated maybe not...but it varies from state to state...why are you waiting on the divorce...call an attorney and find out how to protect your assets..
2007-01-25 09:33:17 · answer #5 · answered by Anonymous · 0⤊ 1⤋
as long as his money doesn't go into the home- you owe him nothing- get a divorce before you buy-- to be on the safe side
2007-01-25 09:34:14 · answer #6 · answered by gabby 5 · 0⤊ 1⤋
Were you LEGALLY separated? You have more clout if you were. Get a good lawyer ASAP, and get the process started.
2007-01-25 09:34:23 · answer #7 · answered by Jess H 7 · 0⤊ 1⤋
no you do not owe him a thing, you are smart to get out! Yes you can omit him from your will.
2007-01-25 09:36:12 · answer #8 · answered by Claire 3 · 0⤊ 1⤋
You can leave whatever things you want to whomever you want.
2007-01-25 09:41:42 · answer #9 · answered by Anonymous · 0⤊ 1⤋