My father is in the middle of an awful divorce that goes to court soon, from what i understand she is entitled to half of the house that my mother & father built just because her and my dad were married. She cheated and got caught also drinks and partys while he stays home and works also sometimes just chose not to come home. How can she possibly be entitles to half? Does any one know of any laws that can stop this. Please advise soon?
2007-07-17 10:02:36 · 15 answers · asked by beccaroo 1 in Family & Relationships ➔ Marriage & Divorce
We live in Tn. Also the man that she cheated with will be testifing. Will this help?
2007-07-17 10:30:24 · update #1
Sorry not the man the man's wife.
2007-07-17 10:31:59 · update #2
This is why anyone who owns property or controls money must also be very careful of whom they marry. Marriage entitles both spouses to property that belongs to the other, unless there is a prenuptial legal agreement made BEFORE the marriage takes place that identifies what will be his and what will be hers if there is ever a divorce. One way a situation such as this one could be resolved is for the party who is not going to stay in the property to liquidate his or her assets by selling the half which belonged to themselves. If your dad has money, he could buy her out. She cannot afford to keep the house if she does not work. It might be smart for her to take the money for her half of the house, get out and give your father full ownership since she probably will not be staying there anymore or vice versa, if he will be leaving the premises. Of course, maybe you or a sibling could buy it outright at fair market value and take it out of his name before the divorce takes affect. She would then, get nothing.
2007-07-17 10:22:29 · answer #1 · answered by Jess4rsake 7 · 0⤊ 0⤋
The way the laws are are just simply messed up.
They have always looked at the wife as a weaker person in yesterdays sociody.
Thankfuly today though the laws are starting to change.
My addvise to you is to get a real good attorny, and collect all the evadice you possably can aginst her, and good creditable wittnesses are always a big help, just make sure that they are not your freinds or realtives, that just won't hold up in the court of law.
Good wittnesses are, people you, or your dad, or even were your wife had worked.
Your naebors also are good witnesses.
Others would proftionals out there like docs,consalors,teachers,mailman.
And don't forget that you do need to sapina them to court or they the court won't listen to them.
I've seen men take these steps and got almost everything out of the divorce, and left the woman empty.
But of course it also depends were you live too.
Some states like California always side with the woman.
2007-07-17 10:18:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Regardless of who does what, each is entitled to half unless there are minor kids involved. When a couple with kids divorce, it's more commonly the man who moves out and the woman stays in the marital home with the kids.
2007-07-17 10:13:14 · answer #3 · answered by Ian S 3 · 0⤊ 0⤋
you need to get a better lawyer... and it all depends on how the divorce is settled, and let me tell you that it doesn't necessarily has to be that 1/2 and 1/2 crap. If she cheated and got caught and you guys have the proof she did, tangible real proof she is entitled to nothing my friend, seen it happened before twice.
2007-07-17 10:13:57 · answer #4 · answered by wanna_help_u 5 · 0⤊ 0⤋
Marital assets in a divorce case vary from state to state. If she gets half of everything that is because the divorce laws in that state say she does. If you don't like it then get elected to office and change the divorce laws in your state rather than whining about them.
2007-07-17 12:29:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Woman dont get everything if a man cheats...... depending on what state your in, one person may get something extra if the opposite person cheats... doenst matter what sex.
Your dad was an idiot to marry her.... thats the most i can say. Get a good lawyer and throw her *** out...
2007-07-17 10:08:10 · answer #6 · answered by Anonymous · 1⤊ 0⤋
It depends on the state you live in and the laws. Some states are "no-fault" states or 50/50 states. Get a good lawyer.
2007-07-17 10:12:14 · answer #7 · answered by i_b_winkn_at_u 6 · 1⤊ 0⤋
You dad can have her buy him out of the house or buy her out of the house.
Tell your dad that as much as that house may mean to him...if he can swing it...let it go.
Fighting over stuff during a divorce just shows the amount of bitterness/anger over the divorce and somewhat vengeful too. If he really wants out...he would take the house as a loss.
He can go to his attorney and say...I just want out of this marriage. She can have the house if she buys me out of it. and see what happens.
2007-07-17 10:07:20 · answer #8 · answered by makinitthru 3 · 1⤊ 0⤋
To keep your family's home in your family, I would strongly suggest to your father that he "give" or sell ultra cheap the house to you or a sibling a.s.a.p. even if only for a little while until his divorce is final.
2007-07-17 10:12:22 · answer #9 · answered by J T 3 · 1⤊ 1⤋
It depends on the terms of the prenup. This is the point of a prenup, to clearly lay out before the marriage who gets what in the event of a divorce.
2016-05-20 17:14:25 · answer #10 · answered by ? 3 · 0⤊ 0⤋