your spouse is abusive,do they still get half of your property when you get a divorce.I paid for this place but we got it after we were married and both of our names are on it.
2007-03-05 12:16:06 · 16 answers · asked by Kay H 2 in Family & Relationships ➔ Marriage & Divorce
If you have documented evidence of his abuse (police/medical reports) this would play in your favor. Courts tend to lean more heavily on domestic abusers in divorce court. If all you have is hear say then anything could happen in court. You may have to sell your property and split the proceeds after paying off some marital bills if all things are considered equal
2007-03-05 12:23:30 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
Depends on where you live and whether it's a community property state. Most states feel that if it's obtained after you're married, the other party is entitled to it. Does your spouse not work? You indicated that you paid for it, but unless you're the only one working and bringing money it, it's generally determined that the other party has contributed to something in the house (i.e. utilities, etc., etc...doesn't matter who's name actually appeared on the mortgage check)
2007-03-05 20:24:34 · answer #2 · answered by Michele D 2 · 0⤊ 0⤋
If you live in what is considered a "community property" state, then yes, he will get half. In other states, he may be required to pay the mortgage, depending on whether you were a homemaker and had children together. You need to consult a lawyer. If you cannot afford one, contact the Legal Aid office for your area.
2007-03-05 20:28:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think that it is up to the judge. When you file, if you list abuse as a reason for the divorce, I would think that the judge would consider that when dividing property. I hope that things work out for you.
2007-03-05 20:22:02 · answer #4 · answered by julieCoolie 2 · 0⤊ 0⤋
Your abusive spouse owns 1/2 of it, period. Good luck. I do think it strange that you are more worried about some piece of property than your safety. Strange.
2007-03-05 20:38:11 · answer #5 · answered by Anonymous · 0⤊ 1⤋
It all depends on how good your lawyer is and how the judge views things. I do wish you the best of luck and am proud of you for being strong enough to get out. I do hope he is left with very little.
2007-03-05 20:20:07 · answer #6 · answered by mom of 2 5 · 0⤊ 0⤋
I'm not a lawyer, but I think if both of your names are on it, your spouse gets to get half of it.
2007-03-05 20:19:14 · answer #7 · answered by Kira Yamoto 2 · 0⤊ 0⤋
Do you have documented proof that he was abusive, maybe in the form of a police report? If so, take it to an attorney and get their advice.
2007-03-05 20:19:50 · answer #8 · answered by Royalhinney 7 · 0⤊ 0⤋
Unfortunately history of abuse has nothing to do with splitting marital assets. You may get lucky though and get a judge who doesn't feel he deserves half. Best of luck!
2007-03-05 20:19:30 · answer #9 · answered by ? 5 · 1⤊ 0⤋
Do you have any proof of him being abusive .. police reports, or thing like that?... if not I don't think you have a chance to keep your property.
2007-03-05 20:35:47 · answer #10 · answered by BitterSweet 6 · 0⤊ 0⤋