My wife and I have been married a little over a year and now are going through a divorce. She has contributed nothing towards the home or even the marriage. I have paid the bills and came into the marriage with all property excluding one used vehicle. She is now asking for one 1/2 the equity in the house. How is it possible that she can live bill free for over a year and then walk away from the marriage further ahead then when she came into it? She has also asked for one 1/2 the pension and 401k i have worked nearly 20 years to obtain. What right does she have if any? I have been told that the duration of the marriage has a bearing on the division of assets but what is considered a proper length for a marriage?
2007-11-17 15:28:05 · 27 answers · asked by Serenity 1 in Family & Relationships ➔ Marriage & Divorce
Also thought I should add that I live in Kentucky
2007-11-17 15:35:34 · update #1
I have a lawyer just looking for opinions on the fact. I have a Very good Lawyer
2007-11-17 15:42:09 · update #2
If you bought the house before you were married to her, she has no claim for that short a period of time. I live in Illinois, where there is such a thing as squatters rights, you have to be married for 10 years or more. As for the pension and 401K, get a good attorney and she should get nothing.
2007-11-17 15:31:19 · answer #1 · answered by kny390 6 · 1⤊ 0⤋
In some states it doesn't matter whether the home was purchased prior to the marriage or if only the husbands name is on the title. If the wife lived in the home as his legal wife she is entitled to 1/2...This is all stuff you SHOULD have checked out BEFORE you got married, "just in case". She will not get 1/2 your pension though because she is not entitled to it. She would have had to been married to you for the same amount of time you were employed prior to your retirement in order to get 1/2. I doubt she will get any of it if you've only been married a year. As far as your 401 that is considered "income" I don't know how that will be distributed. I got 75% of my ex's but that was in lieu of 1/2 the house we had. I live in California, the house is in New York. The house butts up to a cornfield and neither the property nor the house is worth what we paid for it in the beginning. It has in fact depreciated almost $25,000.00 from when we purchased it in 1989. Keep in mind that she CAN ask for half of everything, that doesn't mean it is going to be granted to her.
2007-11-17 19:26:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A pre-nuptial agreement would have bypassed all that. I think every marriage nowadays should have one.
But for your situation, you must abide by the law. If you are in a community property state, then everything is split down the middle.
BUT, a good divorce lawyer
can find ways around this also.
How about you give her a
cash settlement and have her
sign that she will not sue in
the future? Cash now is a lot
better than court (for either
of you.)
2007-11-17 15:36:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The equity that you have in the house??? How much can that be....you've only been married just over a year. Did you make a huge down payment??
Also, people seem to forget....the day you marry you sign a contract.
Look at Brittney Spears.....she's still paying big $$$ to that 'no good' she married. Although, I'm not putting your soon-to-be ex in that category. If I had to guess I'd say your an 'older guy' who married a much younger woman.
Pay up and be done with it.
2007-11-17 15:38:56 · answer #4 · answered by seashell 6 · 0⤊ 0⤋
Where you live is a big factor. Also, what is in her name or both of your names. Get a good lawyer that will protect your assets under the law. In my opinion, she deserves what she brought into the marriage and that is all, being you've been married such a short time.
2007-11-17 15:32:26 · answer #5 · answered by dizzkat 7 · 1⤊ 0⤋
In most states the lenght of the marraige is considered. She can ask for half the moon and it does not mean she will get it. You sound like you have not consulted a lawyer. I really would get some legal advice and do not listen to the people that are counseling you, they might not know the laws of your state.
2007-11-17 15:34:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
This is the time you have to get a good lawyer. From all appearances, she saw the fish, put out some bait and caught him. I would get the best guy around and blast this womens character. Perhaps you had better delve deeply into her background to see if other scams have been perpetrated.What her moral character is will be a factor. Time to start your research. Make it thouough and do it quickly
2007-11-17 15:39:00 · answer #7 · answered by googie 7 · 0⤊ 0⤋
You needed a lawyer 20 minutes ago ! In this state, the answer would be yes to all your questions. Go ask the attorney, let him help you with that.
2007-11-17 15:32:35 · answer #8 · answered by Banker 6 · 0⤊ 0⤋
If she cooked and cleaned, she may be entitled to a portion. If she worked, paid no bills, repaired nothing when it broke, didn't clean or cook, she may get squat. But, I think your arguement in court should be, the length of the marriage versus, property acquired by YOU PRIOR to the marriage.
In some states, yes she may get half of everything.
You have my sympathies, it's why I urge, pre nups....
Good luck.
2007-11-17 15:34:49 · answer #9 · answered by Carol T 4 · 0⤊ 0⤋
That depends on where you live. In Texas, a house that was purchased before the marriage is NOT community property. It remains your separate property.
Your lawyer will be better able to answer your questions than we will.
2007-11-17 15:30:49 · answer #10 · answered by Anonymous · 4⤊ 0⤋