He has threatened to take 1/2 the house many times. Since then, he has abandoned me and I cannot even file divorce because I don't know his address so he can be served. What should I do?
2007-04-02 21:04:53 · 13 answers · asked by hydewithpride 1 in Family & Relationships ➔ Marriage & Divorce
First of all you got to divorce him, to do tht hire a detective and them serve him.
He is not entitiled to get 1/2 of your asset...unless there is a written agreement, let him sue you he will not win....
Dont worry much, bcs u did nothing wrong....wht is yours is yours not his....
Remember serve him first before he serve u.....
As long as the divorce papers are in his hand, he cant do nothing much.
2007-04-02 21:10:12 · answer #1 · answered by Jendralus 5 · 0⤊ 2⤋
Disclaimer: I am not a divorce lawyer, and this "advice" is probably worth what it costs: nothing. You really ought to consult with a divorce lawyer if you want accurate information about the laws in your state.
That said, the answer to your question depends on many things, including which type of state you reside in (i.e., whether it's a community property or a common law state). If you are in a community property state, and you used community assets to pay the mortgage, he may be entitled to a pro-rated share, even if you purchased it before you were married. Assuming that you paid for it in full prior to your marriage, though, it would be considered your separate property. If you made the down payment prior to your marriage, and paid the mortgage only with your separate property (i.e., a personal, non-commingled bank account), then I believe he would have no claim on it (assuming he had no argument that it was a gift or intended to be community property). I'm not sure what the rules would be in common law states.
By the way, you should still be able to file for divorce even without knowing his address -- you can serve by publication in many states. However, each state is different, so be sure to check the rules.
2007-04-03 04:16:09 · answer #2 · answered by laurie_sunshine 1 · 1⤊ 0⤋
Well, you didn’t state where you live and that’s very important. But, if you live in the U.S., *generally speaking*…
If you purchased the home prior to your marriage and didn’t add his name to the title, then it’s your separate property. HOWEVER, he MAY be entitled to half of the increase in the value of the property that occured during the marriage. So, if the house was worth $100,000 when you married and is now worth $150,000, he may very well be entitled to $25,00 (1/2 of the increased value).
You need to talk to an attorney. He can advise you about the laws of your specific state.
AND you can file for divorce even if you don’t know where he is. It just requires a little different process.
2007-04-03 04:21:15 · answer #3 · answered by kp 7 · 0⤊ 0⤋
Normally in UK if the both parties paid towards the keep of the house ..ie mortgage repayments even other expenses to maintain the family and the house .in another words ..if he contributed moneys on regular bases for the up keep ..and this can be proved.. then he is entitled to something ..don't you agree..for instance if you was paying the mortgage out of your earnings ..
he could have paid for the shopping or pay for gas electricity phone insurances and.. so on leaving you free to pay for the mortgage ..
that's not to say he will be entitled to half the property ..but some % percentage ..this is in UK .so it may not effect you ..good luck
2007-04-03 04:28:59 · answer #4 · answered by JJ 7 · 0⤊ 0⤋
Those laws vary from state to state. You need to see an attorney fast. I would take with a grain of salt anything this man (your soon to be ex) says. It sounds to me like he's just trying to yank your chain. Ignore this idiot.
Moreover, most states have a procedure for when you cannot find the other spouse and still proceed with the divorce. Again, you need to see an attorney fast because you need to: A.) Get this jackass out of your life ASAP, and B.) Do what you have to protect your assets.
I realize attorneys aren't cheap but this would be a very wise investment.
2007-04-03 04:14:12 · answer #5 · answered by Anonymous · 1⤊ 0⤋
hell no don't let him have the house, he is not entitled, you paid for it and he can obviously make it on his own as he is doing now. I would ask the courts if there is a way they can find his address to have the papers served without telling you the address if they legally cannot. Call the police department because I think they are the ones who can serve them too. But you need to go to court and find out, if you can get a lawyer too, they should be a great help.
2007-04-03 04:07:50 · answer #6 · answered by Konjo Nashi Pirate™ 5 · 1⤊ 2⤋
No, he is not entitled.
Hire a p.i. or get an attorney who has the ability to do a background check to locate his current address.
2007-04-07 02:13:31 · answer #7 · answered by suzangm 3 · 0⤊ 0⤋
Contact a lawyer. You can initiate a single party divorce. See here:
http://www.familylawsoftware.com/splitgen/sp/xx/processunilateral.htm
Also, the community property divorce stipulation (if you're even in a community property state) usually only applies to property acquired during the marriage, so you should be ok there.
http://en.wikipedia.org/wiki/Community_property
Hope this helps!
2007-04-03 04:11:43 · answer #8 · answered by p37ry 5 · 0⤊ 2⤋
Unless there was a written agreement that he's going to get half then the answer is NO because this is considered "non-marital" property because it was acquired before marriage.
2007-04-03 04:14:07 · answer #9 · answered by Leila G 3 · 0⤊ 1⤋
He is not entitled to any part of your house so don't worry.Is the house in your name if it is then you have nothing to worry about like I said.
2007-04-03 04:12:10 · answer #10 · answered by Teenie 7 · 0⤊ 1⤋