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 22:22:32 · 10 answers · asked by hydewithpride 1 in Family & Relationships ➔ Marriage & Divorce
Depending on the state where you divorce and his contribution, he may be entitled to up to 1/2 the value of the home. Most likely, at most he would be entitled to 1/2 of any increase in equity in the home from the date you two married until the divorce is final.
You can file, and give everything you know about him to a process server and they can attempt to serve him with the divorce papers.
2007-04-03 01:58:27 · answer #1 · answered by camys_daddy 5 · 1⤊ 0⤋
Divorce laws differ by states, so you need to consult an attorney. As a general rule, property that was acquired prior to marriage is considered separate property that goes to the spouse who brought the property into the marriage. The problem comes when the separate property becomes tainted or mixed with marital or the other spouse's property. For example, if the two of you were making mortgage payments using joint income during the marriage or both contributed to the upkeep and improvements, then an argument could be made by your husband's attorney that this property is now marital, rather than your separate property. As marital property, it is potentially subject to distribution to both parties.
You need to be in a position to counter these arguments. The best thing you can do is to document the money that you put into the property before the marriage, what the property was worth at the time of the marriage and the contributions you made since. You also need to be able to show that he did not contribute funds to making improvements, upkeep, etc.
I think it will be hard for you to make the case that he should not share in any of the appreciation of the house and payments to mortgage principal. You can reasonably expect to get back what you put into the house before marriage and split the appreciation and principal payments.
2007-04-03 04:18:58 · answer #2 · answered by jd0601 3 · 0⤊ 0⤋
You can file for divorce. Just file a "missing spouse" divorce. You will probably post one of those divorce notices you se in the newspaper for however long required telling him of divorce against him and court date. Chances are he wont appear and you will automatically be awarded your divorce and everything you want. The grounds for divorce will be abandonment. The only problem being is any monetary support awarded you will be hard to collect unless he shows up or uses his ssn somewhere. Even if he did show up,hed probably lose his half of the house due to not being around paying his way. So dont worry about his due process of the law (served papers) and file for divorce. His non presence is a win situation for you. The law is on your side so use it. Good luck
2007-04-02 22:41:48 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
Disclaimer: i'm no longer a divorce lawyer, and this "suggestion" is probable well worth what it expenditures: no longer some thing. you extremely ought to communicate with a divorce lawyer in case you want precise suggestion about the guidelines on your state. That suggested, the reply on your question relies upon on many stuff, such as which style of state you stay in (i.e., even if it really is a community sources or a undemanding regulation state). if you're in a community sources state, and also you used community sources to pay the deepest loan, he would properly be entitled to a specialist-rated percentage, even if to procure it earlier you've been married. Assuming that you paid for it in complete previous on your marriage, nonetheless, it should be seen your separate sources. in case you made the down price previous on your marriage, and paid the deepest loan merely inclusive of your separate sources (i.e., a own, non-commingled economic company account), then i have self assurance he ought to haven't any declare on it (assuming he had no argument that it turned right into a present or meant to be community sources). i'm no longer certain what the guidelines should be in undemanding regulation states. by technique of ways, you ought to nevertheless cope with to document for divorce even without understanding his cope with -- you are able to serve by technique of e-e book in a lot of states. notwithstanding, each and each and every state is diverse, so be certain to learn the guidelines.
2016-12-03 04:41:46 · answer #4 · answered by ? 4 · 0⤊ 0⤋
If you purchased the house before you were married he is not entitled to anything. His name is not on the title right? The laws are different in many states. Many lawyers give a free 1 hour consultation I would call around and ask in your state.
2007-04-02 22:29:48 · answer #5 · answered by Iam 1 · 1⤊ 1⤋
File the divorce.
There are ways to post public notice about the divorce. If he does not see them and respond he you could be divorced without him knowing.
Talk to a lawyer.
2007-04-02 23:45:08 · answer #6 · answered by Flagger 6 · 0⤊ 0⤋
hire a lawyer...you can sue for divorce without knowing where he is....and get ready to prove that you have paid for the house. good luck do it fast before he comes back
2007-04-02 22:27:11 · answer #7 · answered by Anonymous · 1⤊ 0⤋
if you were legally married then your properties are halved upon divorce, his and yours-if there was no prenup-
sounds great for the stay at home wife taking care of the kids, but if a responsible woman divorces a dead beat she gets scrued
2007-04-02 22:31:55 · answer #8 · answered by Anonymous · 0⤊ 1⤋
mmm i am in aust (male) and went bthough a divorce and had to go half and halve of everything ..including what i had BEFORE we got married DUH!!!!!
never again hehhehe
2007-04-02 22:37:15 · answer #9 · answered by Den G 1 · 0⤊ 0⤋
If he paid any upkeep then yes!
2007-04-02 22:26:04 · answer #10 · answered by Anonymous · 0⤊ 0⤋