I am in Oregon. I used to live in CA. My first husband passed away. A few years later I married again. He moved down from Oregon. He had no job, no money. Everything was in MY name. I sold that home and bought a home in Oregon. Stupidly, I put it in both of our names. He is still not working and has put me in debt. If I divorce him and can prove this in court, would I be able to keep my house and him not get any of it? What about debt incurred during the marriage? Would he be responsible for any of it? We have been married less than 2 years.
2007-04-17 05:43:50 · 19 answers · asked by Disco Diva 3 in Family & Relationships ➔ Marriage & Divorce
If the assest was acquired after the marriage, then It will be considered marriage property, specially since both of your names are in the title, regardless of where the money came from to purchase the Oregon home. If there is no pre-nup, then 50% of the assests and rent is his.
Get a good lawyer because he is legally entitled to 50% of the house. You might have to buy him off.
Negotiate with the loser. Since he didn't have a job, he might even go after spousal support. That's why I'm encourage you to play it cool, tell him that "he doesn't need a lawyer" and encourge him to waive his right to be in court to "save time and trouble". Tell him that you will give him i.e. 5k as a gesture of your good will and as a goob bye present for "old times sake". If he is as stupid as you say he is, he will probally take it.
If he gets a lawyer, be prepared to pay up. I'm very sorry. Since he is not working, probably you will be paying off his debt too. Creditors will not care if you are divorced or notm, they will go after you and your assests if the c/c was acquired while married to you.
Good luck
2007-04-17 05:56:40 · answer #1 · answered by Blunt 7 · 1⤊ 0⤋
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2016-09-10 02:45:40 · answer #2 · answered by ? 3 · 0⤊ 0⤋
OK - hind sight is always 20/20. Yes, you can get the house if you can prove that he's never contributed finanially towards the purchase and maintenance. If he's put in so much as $1 from unemployment, social security, personal loan from family or friend - your almost screwed. Here's another shot - if there's negative equity built up in the property - meaning if the financial debt equals an amount more then the estimated bank value (get a realotr to help you obtain this) of the property then what a court will do is subtract the debt from the estimated value of the property and come up with an number which is then divided between each of you. If you want to you can request that you refinance the mortgage on the house in your own name, pay him a small amount of money for the time in which he resided in the residence minus the negative equity he owes towards shared debt. In this instance you could end up with the hosue and he could have to pay you.
2007-04-17 06:01:25 · answer #3 · answered by martiek7 3 · 0⤊ 0⤋
Community property laws tend to be just that unless one of the parties can prove that the property was purchased solely with funds that were not community funds. I believe you would qualify in this case. First of all you need to gather up all your financial records for about the last four years. A while prior to the time you met your present husband. You need to have all of your income tax records for the years you were married showing his earnings and yours. Any debt that was incurred during the marriage you need to determine who it was for. If it was a car for him, then it should be his responsibility etc.
If you have all the real estate transactions and your financial affairs in order the judge will probably rule in your favor as far as the house is concerned. The judge will probably order that he should pay that portion of the debt which he derived or will derive the benefit from. The sticky wicked part here is that if the credit card has you as the primary card holder you are still responsible for the debt as far as the credit card company is concerned.
The main thing you need to do is make sure you have all your financial and real estate records with you when you go to court. The judge will want to see documented clear evidence and will not take verbal unsubstantiated testimony regarding finances.
2007-04-17 06:29:20 · answer #4 · answered by don n 6 · 0⤊ 0⤋
It depends on the laws in your state, which would be considered Oregon here. If Oregon is a community property state, then all property accquired by either spouse after married is jointly owned, regardless of who pays for it, or how it's deeded. See a lawyer.
The flip side to that is in a community property state, the same rule also applies to debt accured during a marriage.
2007-04-17 05:58:27 · answer #5 · answered by basketcase88 7 · 0⤊ 0⤋
If it is a community property state, you own 1/2 of the assets and debt. The house would be sold and the debt paid off and any remaining money would be split! ! ! !
I hope you are not in a community property state!
BUT even if you are and your husband agrees that the house is yours the court might exclude it from your marriage assets, then you would own the house but still own 1/2 of the debt!
Check the Oregon laws!
2007-04-17 05:49:56 · answer #6 · answered by me4tennessee 6 · 0⤊ 0⤋
The best I can say is get a lawyer.
I wish you luck and hope that things can be worked out for your benefit. You will always be accountable for half of the debts that are in your name as well as his. The ones just in his name should be able to be kept on him, and any in just your name you would take.
My first husband put a phone and an apartment in my name with his new girlfriend after we seperated. He had her pose as me and racked up thousands of dollars on bills within 2 months. I still owe on those years later because I can not PROVE without a doubt that it was not me living there. Even with rent reciepts for my own apartment which was in a different city. They said that there is no proof that I did not live at one place and just rent the other... LOL.
2007-04-17 07:11:20 · answer #7 · answered by Shawnee 2 · 0⤊ 0⤋
Unless you got a prenup stating that in writing then if you guys split he gets half. First of all it sounds like you married unwisely and now you want out maybe if you planned your marriage a bit better. You would have known that since it is in both of your names and you have no prenup or any other info stating that you soley purchased the home and even if you did once you marry it belongs to both of you and when you divorce he is entitled to half now you may get away with him having to pay his debt that has acquired over the last 2 yrs out of his portion but don't count on it. I find it sad and pathetic that you would consider divorce just because your husband cannot find a job!.
I think it best you stay single for awhile since it appears you married just for company and not for love. Because it says in your marriage vows through sickness and health for richer or poorer, till death do us part.
God Bless and Best of Luck.
2007-04-17 05:55:29 · answer #8 · answered by Livinrawguy 7 · 0⤊ 0⤋
In a nutshell, the stuff you bought after marriage is considered community property (even when it only has one of your names on it); also, both of you are responsible for the debts incured after marriage. Sounds like you could use a good lawyer, but even then you are probably screwed. Sorry.
2007-04-17 06:06:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No it is your primary residence so the profit is not liable for tax. May I say this is a really stupid thing to do you will lose some of you capital on rent which is totally dead money and a place on the property market. If you think this through you will realise that property is a sound investment if you really want to move then rent the house out and live off the income not your capital
2016-04-01 05:50:00 · answer #10 · answered by Anonymous · 0⤊ 0⤋