my wife is claiming 60% of the equity in our home as a divorce settlement. she wants to buy me out, but is claiming the legal entitlement is at least 60-40 in favour of the wife. my son, our only child, has stated that he wants to spend a week with each of us in turn, is this true before i waste a fortune on solicitors
2007-05-13 10:54:42 · 10 answers · asked by jim o 1 in Family & Relationships ➔ Marriage & Divorce
Not really but you two would probably be better off sitting down with an attorney or paralegal and work out the details of evrything, then present it to the divorce judge who will either agree with it or not. Its the easiest and cheapest way to do it if you two can do it without killing each other and the Judges love it, just get it on paper, signatures and witnesses, if any, and notorized before presenting it. Just put your wants and hers on the table and then be willing to compromise as necssary. Also when it comes to your son the judge will take into consideration the best interest of him before you two. Also you dont need an attorney if the above cant be done. Just let her attorney do all the paperwork and you disagree with whatever parts you want to til a compromise can be reached, you dont need an attorney to convey your answers to hers. Good luck
2007-05-13 11:18:30 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
You need to hire a lawyer. What will likely happen, if she will get the house and all equity, in steed of spousal support. Depeding on the wage difference between you. She is also entitled to half you 401 K plan. Your son may want that, if you both agree, it will more than likely be that way. You did not say how long you were married, or reason for the split.
2007-05-13 18:48:00 · answer #2 · answered by treasuredwife69 5 · 0⤊ 0⤋
I suggest you get a lawyer because there is something "fishy" here. If she is claiming 60% of the equity in your home then she will have to give up something else. I signed off on our house in New York but in return I got a larger portion of my ex's 401. Sounds like there is something she isn't telling you in hopes it will be "overlooked" and she will stand to profit. You need a lawyer.
2007-05-13 19:16:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
60%? I don't think so go find a good attorney and make things even. Let her buy your 50% in the house that's what will happen in court. Just make sure you get a good attorney ask around see who people recommend. Also get partial custody of your son that also keeps things even.....
2007-05-13 18:10:13 · answer #4 · answered by miester44 5 · 0⤊ 0⤋
You wrote solicitor so I have to assume you are British. In the US that is not true and that seems to be where most of your answers are coming from - you should consult w/ legal aid or the british version of it - they can give you basic's w/out hosing you for cash.
2007-05-13 18:58:09 · answer #5 · answered by jillmarie2000 5 · 0⤊ 0⤋
Don't believe a word your wife says unless she's an attorney and knows the law like the back of her hand.
2007-05-13 18:07:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Your wife is full of crap.
This is going to depend largely on what state you live in and what the reason is for divorce.
2007-05-13 17:58:05 · answer #7 · answered by Ker Plunk 3 · 0⤊ 0⤋
Well, it would depend on how you split the other assets.
she could be takin more of the house but you are getting more of other things.
Hire an attorney! They are worth the money you will spend!
2007-05-13 18:13:47 · answer #8 · answered by Rhiannon 3 · 0⤊ 0⤋
Some lawyers will give free consultations and would be able to tell you what the laws are for your state. If you let her do this without fighting it, she will probably get what she asks for.
2007-05-13 18:07:46 · answer #9 · answered by Breezey is saying HAPPY BIRTHDAY 7 · 0⤊ 0⤋
Doesn't sound right to me....If at all possible get yourself an attorney...Divorces are ugly at times and its best to go through attornies if at all possible....
2007-05-13 18:06:07 · answer #10 · answered by grdnangel0209 3 · 0⤊ 0⤋