I've been with my husband for a total of 10 years, married for 5. Throughout the time we've been married he's has up and left MANY times. Sometimes it would last a week, sometimes a month or more. We've currently been separated for 16 months, he just left one day and has since been living with his different friends. We've been pretty civil to one another for the most part. I was hoping that perhaps things would work out, but I got tired of waiting. I told him that I wanted a divorce and things are really nasty really fast. He's saying that he "wants what he deserves soley because we're married". Shortly before we separated I took out a mortgage on the house I live in with my parents. I took out a loan for 1/2 of the house because it was willed to my mother and my aunt, and I bought out my aunt in hopes of buying out my mom in the near future (he's not on the title, or mortgage or anything). He thinks he's entitled to part of the house "no matter how little he's paid towards it, and it's his word against mine". He actually hasn't paid anything towards it because he really barely works (when he does it's under the table), and since he's been gone I've asked him to pay nothing. He is also driving around in a truck with my name on it (he does manage to pay that at least). He also owes me around $4000 for misc. things he needed money for of course shortly before he left. I'm tired of all of this.... and I really can't afford a lawyer right now. Am I going to screwed even further?
2007-07-11 02:51:24 · 8 answers · asked by honeybaby729 3 in Family & Relationships ➔ Marriage & Divorce
When I took out the mortgage I had no idea this was going to happen this fast. When he does work he works under the table and is sure to keep that money out of the bank. He has horrible credit, and doesn't work to improve it. I make a half decent living, and has good credit. I wasn't able to even get a mortgage if his name was on it because he's such a credit risk.
2007-07-11 03:09:00 · update #1
Well one lawyer I called is asking for $225 per hour.
2007-07-11 03:56:49 · update #2
Regardless of whether you could afford a lawyer or not, you're going to need one.
Since his name isn't on the lease, that's a good point in your favor. If you can show proof that he owes you $4000, as well as proof that he made little to no payments towards the house, then that will keep him away from your house.
I doubt that he can do anything about the house, but you will want to make sure that he can't sue you for alimony. It's not that common, but it happens.
You may want to make a bargain in court if things get nasty. You will allow him to keep the car & you will cancel all debts that he owes you if he relinquishes all of his claims to the house & it's contents that were acquired by the two of you during the course of marraige. His things he could keep, but if you bought, say, a big screen TV together, you would keep it.
2007-07-11 03:02:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unfortunately if one partner decides to get greedy, you need a very good lawyer as soon as possible. Oh, and get a free consultation from every remotely decent divorce lawyer in town this very week as (so I've heard) they can't represent the other party due to conflict of interest. As well you can compare opinions and see which lawyer you think will do the best job for you.
It may be that while you were separated that he won't be able to get it or something - see if your family can help with the cost.
The last resort card you could play is getting all of what he would owe you written down and let him know that you'll make sure the lawyers get 99% of everything before he sees a penny, including his truck and everything else HE owns including the shirt on his back. Maybe he'll reconsider and back down?
2007-07-11 11:16:12 · answer #2 · answered by Zaferus 6 · 0⤊ 0⤋
In order to sort this mess out, you are going to absolutely need the services of a lawyer. Look up "legal aid" for your area and ask for help. If you do not qualify for free services, you may be able to get referred to a lawyer who will work pro bono (for free, as charity work) or on a reduced scale that you may be able to afford.
I am not a lawyer, and I do not know where you reside, but from your story, I can point out a few things. If he has left you several times over the years, then you may be able to charge abandonment. In addition, has he had any affairs during the times he has been out of the house? This will also factor in.
If his name is not on the title or mortgage of the house, and he does not live in it, then I do not think he can lay any claim to it. Also, if the truck is in your name only, you do have the right to sell it right out from under him. (In fact, if you can sell it for what is owed on it, and pay off the truck, I think this would be a wise course of action.)
You are going to absolutely, positively get legal representation. Call legal aid TODAY and ask them to help you figure out how you can find a lawyer to help you figure out what your next move is, and get away from this jerk ASAP.
2007-07-11 10:06:15 · answer #3 · answered by jayc_33618 2 · 0⤊ 0⤋
No. He cannot get any of the house. Illinois is not a homestead state, which means that assets are not automatically divided in half when a divorce happens. You need to get an attorney fast. Like today. They will need to see copies of the closing statement, the will of your mother and so on. Save your statements from the source that the mortgage was paid.
Trust me, fight this one. He does not deserve this, it is yours and your family. Be smart and document everything. Stupidity can cause for anyone to give up their money. (the $4,000 you gave to him so you probably won't get this back).
Good luck and act fast.
2007-07-11 10:17:18 · answer #4 · answered by lalalalalala 2 · 0⤊ 1⤋
You shouldn't have made a major purchase while you're still married. Your assets are his assets. If you can't afford an attorney, then you can't afford a mortgage. Try to get back those funds from your family and pay off that mortgage and don't buy anything else until you're divorced.
2007-07-11 09:56:02 · answer #5 · answered by Anonymous · 1⤊ 1⤋
just depends are you totally divoced? I dont feel he should get anything..Go Girl Good for you sounds like you do a whole lot better without him then with him
stand firm and dont let him screw with you. Get a lawyer to help you out dont short your self.
so proud of you..keep up the good work
2007-07-11 09:58:17 · answer #6 · answered by shayhi 4 · 1⤊ 0⤋
maybe you should take the truck back sell it and hire a lawyer, good luck!
2007-07-11 09:54:41 · answer #7 · answered by kelly_hotma 4 · 0⤊ 0⤋
better safe than sorry...get a lawyer.
2007-07-11 09:54:59 · answer #8 · answered by gypsy g 7 · 0⤊ 0⤋