2007-05-26 19:16:49 · 19 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Complicated....very...he lived at home with his parents until age 31, and is destroying my children from previous marriage, and he has no regard for them...or me..his parents are number one.
2007-05-26 19:20:20 · update #1
so i'm guessing you want to divorce him??? only two years, already two kids.... wanna try to give it a little effort?
well if they are YOUR children, and he is just a step dad, then he has no legal rights to them, which is good. since his name is on the house, that could be a problem......
i wish you the best, and i'm sorry it turned out so cruddy
2007-05-26 19:18:50 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Well, I am not sure what the question is. If you are asking about getting a divorce and what legal rights you have to the house then you will have to look at your state laws for that. Normally anything you come into the marriage with remains yours and anything that you buy during the marriage is community property and has to be divided equally.
It also depends on how long you have been married, how much equity he had in the home before you married, if the home was given to him via inheritance. If he can make child support payments to you then there is no reason any judge would give you the house unless he had just bought it and you both worked to pay for it this far. Then a judge may decide to have it sold and the monies divided up equally or let one or the other of you buy the other one out.
Hope this helps!
2007-05-27 02:23:33 · answer #2 · answered by phxmilitarymom 5 · 0⤊ 0⤋
All of those who said the home is marital property are wrong. Plain and simple.
In fact, all of those who said the home is not marital property are also wrong.
Simply stated, there is no way to determine what the property is at this point because we don't know in what country or state you live, what, if anything was done to the home to convert it to marital property or to leave it as separate property or anything of a factual basis to make a legally valid opinion.
If you want a real answer, then you need to supply real facts.
Where do you live?
When was the home purchased?
Was it ever refinanced or structurally remodelled extensively?
Did his parents give him the home as a gift?
These are the kinds of answer that will supply you with a real answer.
2007-05-27 08:53:03 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
If you live in the US…. Generally speaking….
If he purchased the property before you were married, it’s his separate property. However, you might be entitled to half of the increase in the value that occurred during the marriage (which probably isn’t a huge amount in only 2 years).
If the property was purchase during the marriage using martial funds (pretty much anything earned by either spouse during the marriage), then it’s martial property and is subject to division.
2007-05-27 02:25:17 · answer #4 · answered by kp 7 · 0⤊ 0⤋
People who ask legal questions MUST say which country they live in, and which State. The laws are so different it is impossible to answer such a wide open question. I can only tell you that where I live, the wife stays in the house until the children are 18,
2007-05-27 02:23:34 · answer #5 · answered by Daydreamer 5 · 0⤊ 0⤋
Since the house is in his name, legally he owns the house. However, whatever items you purchased during your marriage legally belong to both of you, therefore ownership of such items would have to be negotiated with lawyers, etc. You'd also need to fight for custody of your children, which would also be determined in court. But if you do divorce, you'll most likely be the one moving out.
2007-05-27 02:21:53 · answer #6 · answered by Feather 2 · 0⤊ 0⤋
Well that depends on a lot of things. Did he purchase the house before he married you? Did you sign a prenuptial agreement? Is your state a community property state? Without knowing the answers to these questions I can't really help you.
2007-05-27 02:19:46 · answer #7 · answered by D and G Gifts Etc 6 · 1⤊ 0⤋
Depends on the state you live in. Most states split it 50/50. I hope you're not having problems after only 2 years. Luck to you !
2007-05-27 02:20:35 · answer #8 · answered by eizus28 7 · 0⤊ 0⤋
this depends on where you live - for instance in California where I live it is a community property state and a husband and wife own all things equally unless they sign a pre-nuptial agreement stating a different arrangement. But where you live may have different laws. Check local resources and good luck.
2007-05-27 02:20:37 · answer #9 · answered by jautomatic 5 · 0⤊ 0⤋
Well it seems that someone is a money hungry, opportunist leach. To answer your questions though, it varies by state. For example, I live in Iowa and the law states that regardless when you got the property, at divorce time, everything is split 50/50.
2007-05-27 02:21:27 · answer #10 · answered by Organized Chaos 2 · 0⤊ 1⤋