I have about 50K in bonds and a home with a mortgage in my name. My wife is a graduate student and has not earned any income during this 18 month period. Is she entitled to any of my money or assets?
2007-11-06 13:19:33 · 19 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Yep, I do not have a pre-nup and we live in New York. I hope this helps me get a more precise answer, but based on what i'm reading so far it looks like shes getting half. Unbelievable.
2007-11-06 13:29:15 · update #1
Both the 50K in bonds and the home were purchased in my name before we were married. Looks like that stuff is safe. How about the 25K in furniture? I paid for it, but it was purchased after we got married. Is that split in half or does she only receive a portion of it?
2007-11-06 13:51:24 · update #2
if no pre-nup you are sol
2007-11-06 13:23:25 · answer #1 · answered by XMIrish 3 · 0⤊ 0⤋
When you got married you two became as one. I'm sure you heard the preacher say it and it's true. The law even states that anything accumulated during the course of your marriage will have to be split between the two of you. If you had these bonds and home before marrying her then she is not entitled to it that is unless you had a pre-nuptual agreement. Which I'm sure you don't have or you wouldn't be asking strangers for their opinions. Give the woman what she deserves and I mean the in a good way. If you stay married to her then she will share the home and it's contents as well as the money you have. So why should she miss out on that because you two can't get it together and stay together. Try resolving your marriage. Divorce is always the easy way out. Be grown ups about this situation and try to do what's best and not fight about the trivial things such as money and houses. That stuff will come and go however, the love you two once shared is supposed to last forever. If you love her then pray and work on your marriage. If all you are worried about is what she will get then remember this if you don't remember anything else: IT'S CHEAPER 2 KEEP HER....Just ask Heather Mills...she got 20k in her divorce....you think the judge won't give her that house or half of your money if he thought that these were things she expected once marrying you?.....
2007-11-06 13:35:54 · answer #2 · answered by redladee2001 2 · 0⤊ 0⤋
well - you have a pre nup which is good,but was the home and bonds purchaced before or after the prenup and marrage ?
if you did the bonds and home after then she is legally entitled to half.
Anything accumulated during the marrage is considered marital property and either gets sold or split 50/50
the only way around it is to get her to agree to leave them alone....
As far as the house if the two of you can come to an agreement,then that will be the deal.
did she leave the home or did you or are you both still living in the home ?
Usually who ever leaves the home is considered to be abandoning the property.
GOOD LUCK
2007-11-06 14:02:36 · answer #3 · answered by country_girl 5 · 0⤊ 0⤋
I think if you guys are not married longer than three years and i don't think she can take anything because it has not passes three years. But if her name is on one of those two thing then she will have half of it. The house is totally yours, but the 50k if her name is on them i guess she will get some. I have a friend who divorced his wife after 2 years of marriage and she didn't get anything except her clothes. LOL your good to go ask a lawyer and see what he/she will say.
2007-11-06 13:31:23 · answer #4 · answered by Stephanie A. 4 · 0⤊ 0⤋
Even in a community property state, your premarital assets should be safe. She may be legally entitled to some of the assets because her occupation is student. With the amount of assets you have, (house, bonds) you need to at least speak with an attorney to make sure it's done right.
Good luck to you.
2007-11-06 14:01:29 · answer #5 · answered by Asked and Answered 7 · 0⤊ 0⤋
Please tell us that with all those assets you got a prenup.
Additional: I heard that if you own a home before marriage and only your name is on the title, you might be able to keep it out. The 50k bonds you might as well kiss goodbye.
UPDATE: Look at the bright side, you'll probably get out of alimony since it was a short marriage.
2007-11-06 13:22:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It depends on when you acquired them, how you acquired them, and what money was used to make the payments, as well as the laws of your state. She is probably entitled to at least a small portion, but only an attorney that knows the details of your case and the laws in your state can give you a concrete answer.
2007-11-06 13:25:35 · answer #7 · answered by dlb_blair 4 · 0⤊ 0⤋
Unless there was a pre-nup then yes she is entitled. Also be prepared to pay spousal support for half the term of the marriage.
Is it possible for you to file for an annulment? Was there "fraud" committed and that is why you are divorcing? Check with an attorney about it.
2007-11-06 13:23:53 · answer #8 · answered by I do 26.2 4 · 0⤊ 0⤋
Use this website to find out what the laws are in your state:
http://www.divorcesource.com/tables/tables.shtml
Property division laws vary by state so you're going to need to do a little research on the topic. I would also recemend consulting a lawyer before agreeing to or signing anything official.
2007-11-06 13:23:53 · answer #9 · answered by מימי 6 · 1⤊ 0⤋
If you are getting a divorce for sure then get in touch with a lawyer to find out if your wife will be entitled to anything.
2007-11-06 13:24:37 · answer #10 · answered by Nancy M 7 · 0⤊ 0⤋
Entitlement is a matter of opinion! But legally she probably will if there is no pre-nup!
2007-11-06 13:21:49 · answer #11 · answered by Mrs.G-unit 4 · 1⤊ 0⤋