In a divorce, if the husband was allways the one to pay for the house, water, electricity etc... while the mother took care of the children, can the courts make the ex husband pay for the house so that the ex wife and children can stay, if he was the one who made the money?
2007-08-22 05:09:32 · 12 answers · asked by l 2 in Family & Relationships ➔ Marriage & Divorce
ok, hold it - without knowing what state you are in, the answers you have gotten may or may not be correct.
Some states consider marital property split down the middle, regardless if there are children, some states will ensure the home goes to the primary care giver of the children provided they can afford it. Some states force a sale of a marital home and division of the monies no matter what.
As far as the utilities, no, if you are awarded the house, the bills are your responsibility, and part of his child support is alloted to help with those expenses. Spousal support may or may not be awarded to you depending on several circumstances,and again, what state you live in.
2007-08-22 06:18:59 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
The process you refer to is called equitable distribution.
This is the division or marital assets and maritial debts.
If the case goes to trial (and less then 2 percent of cases do) and assuming that all facts are truthful and presented to the court, the judge will base his decision on splitting these assets and debts equally. There may be some offset based on the special needs of the parties and the parenting arrangement of the children.
If the house is the largest asset in the marriage and most of the time it is, this is generally liquidated and the equity disbursed. If there is enough money in the marital pot it may be possible for one party to keep the primary maritial residence because the full equity of the house is offset by other assets disbursed to the second party of the divorce.
It is best to sit down with a non bias divorce consultant, not a lawyer who is trained in the adversarial process of divorce and evaluate your Financial situation. Come up with a plan that is workable and flexable between the parties.
By working with traditional adversarial lawyers you can be assured that the chances of keeping your home is less likely because their game is to extract as much of the family units net worth as possible for themselves.
Your goal should be to preserve the family assets so the maximum amount is there for you, you ex spouse and the children.
So by going to a divorce consultant, for a few thousand dollars you can get a pretty accurate view as to how things can be distributed and what the outcome will be. The result can lead to a parenting plan that is workable and flexable for the kids while you input and post divorce happiness is valued the most.
The results wjth the divorce consultant is non binding and you can always go to an adversarial lawyer, if you choose to begin the fighting process and drainage of money.
What a divorce consultant will do is give you that snapshot of the likely divorce outcome and what you will be left with.
Now when and if you decide to go near a lawyer you have a plan and can ask them what the cost will be to litigate the case through the adversarial process and ask them what the likely hood of a different outcome will be as compared to the plan you have in your hand.
This allows you with educated conviction to only deal with the attornies on issues that are relevant and will limit their ability to run up massive amounts of billable dollars, that in most all cases are only designed to distribute the family wealth into the pockets of the lawyers themselves.
Once you start with lawyers and their adversarial agaenda there is no turning back and you are forced through the system at the whim of the attornies greed level.
Message here is the more you want to keep the less you go near a lawyer. Get educated, have a plan, aviod lawyers.
2007-08-22 06:34:01 · answer #2 · answered by Patriot 2 · 1⤊ 0⤋
The short answer to your question is "no." But...
The court will require him to pay child support to assist with the expenses in raising them. He'll be required to pay this until the kids reach a certain age.
If you did not have a job, the court may require him to pay alimony, but that's generally for a short period of time (six months or less) to give you some money while you look for a job or other means of financial support.
The house belongs to both of you, and so you each have rights to half of it. If you can't agree on what's to be done, it will probably be sold and half of the proceeds will go to you and half the proceeds will go to him. Remember that the proceeds are whatever money is left AFTER the mortgage is paid off.
Hope this info assists you in making whatever decisions are in the best interests of you and your kids.
2007-08-22 05:17:02 · answer #3 · answered by Scotty Doesnt Know 7 · 1⤊ 0⤋
Depending on the state that you live and the amount of time that you have been married, there may be some alimony involved. However for you to keep the house, children and expect him to pay for the house is totally absurd. If he doesn't keep the house and give you have of the equity value, then you will get the house. Either way however, you will have to split the equity value with him 50/50. Your wasting too much time and energy being pissed. Just move on.
2007-08-22 05:17:19 · answer #4 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
"Husband always paid bills and wife always takes care of the kids?" What decade do you live in, anyway?
Yes, the courts can make you pay in this case. It is called alimony. You also must pay child support. That is, unless you (husband) want custody of the children, which rarely happens.
2007-08-22 05:16:38 · answer #5 · answered by nurse ratchet 6 · 0⤊ 1⤋
The court can only enforce that order during the separation. When the divorce is final, whom ever the property is awarded to is responsible for paying the debit.
2007-08-22 05:13:24 · answer #6 · answered by Older Guy 3 · 0⤊ 0⤋
never, hell no. the husband will only pay child support and that's it. in your case you're going to have to get a job and pay the bills. Divorce means that you and your husband are not in a relationship, so the only obligation the husband has is to pay child support.
i have been attorney for the last ten years.
2007-08-22 05:17:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If she gets the infants, she'll maximum probable get the abode. that is regularly whoever is given custody of the infants. yet, it relies upon on their marital ingredients and the nicely worth of each and every thing. it ought to finally finally end up she get's the abode yet he gets each and every thing else, like various furnishings, vehicles, and so on. depending on what else they have of nicely worth. there's a clean vogue in divorce the place the decide tries to cut up marital ingredients fairly calmly. additionally, depending on what state you're in, if he documents for divorce on the grounds of adultery, the fault being hers then this could additionally sway the judges opinion. to grant a legal answer, it relies upon. i could ask her divorce legal expert for help. regarding you attempting to purchase the abode, he won't be able to truly fee gouge you. Get an estimate of the residences nicely worth, do no longer pay a dime greater suitable than that is nicely worth. he will have a hard time looking all people keen to pay greater suitable than the industry fee in this financial equipment.
2016-10-16 11:36:30 · answer #8 · answered by ? 4 · 0⤊ 0⤋
House and its value/debt are split 50/50. No alimony, maybe some child support. If you keep the house, you gotta pay for it and give hubby half the value.
2007-08-22 05:12:56 · answer #9 · answered by Anonymous · 2⤊ 0⤋
LOL---no....the woman must get a job to support herself
2007-08-22 05:41:01 · answer #10 · answered by sunbun 6 · 0⤊ 0⤋