Who Will Get The Property Or Assets Of The Marriage?
Each spouse is entitled to an "equitable" share of the assets acquired during the marriage. "Equitable" does not necessarily mean equal. The Judge will decide or you will reach an agreement as to your share based upon a number of factors including the length of the marriage, the age and physical and emotional health of the parties, the standard of living established during the marriage, the nature and value of the particular asset, the method in which the asset was acquired, and you and your spouse's particular need with respect to the asset, and any other factors which may be relevant to your particular case.
Your attorney will review the facts surrounding the acquisition of all of the marital assets with you and make recommendations concerning the distribution of each asset depending upon the factors affecting that asset and the overall case.
my husband signed our home over to me, now he still wants $$ and is demanding i sell. if it is my home how can any court force me to sell my own property. which by the way was mine prior to my 23 year marriage.
Jenn-
Thank you for comment. If the house is titled in your name, he cannot force you to do anything with it technically. However, without knowing the specific facts of your case, it could be possible that if he brings the case to court he could claim that there is a marital interest in the house. Your arguments that it was pre-marital and currently in your name, and the fact that he signed them over acted as a waiver are probably more strong than any argument he could make that the increase in value during the marriage, regardless of title was the result of marital efforts. If the court finds that there is a marital asset in all or part of the value of the house, than you could have to "buy him out" of his share of that interest. He of course, would have the burden of proving that a marital interest exists since it was a pre-marital asset. Because its his burden, wait until he brings you to court before you hire a lawyer. Right now he is probably just blowing off steam with open threats of litigation. Good luck! Lisa
I purchased my home 2 years prior to being married- in my name alone, and the down payment was a gift from my parents alone. We were married and living together for 6 months prior to him moving out and then it was 3 months until I filed for divorce
he quit numerous.
we were together for 2.5 years prior to being married.
he is now arguing that I owe him money because he had an interest in my condo- although for the ENTIRE length of the relationship he had 8 diffeent jobs- all of which he QUIT voluntarily.
During the length of the marriage, he quit his job 3 months into the marriage and when he did finally get another job 2 months later, I asked him to move out/
Is he entitled to anything? including my home?? furthermore, can the courts take into account the time PRIOR to marriage??
He has also punched holes in the walls- I have one police reprot to prove it after the time he moved out..he showed up unexpectedly got mad and kicked a hole in the wall
He is arguing that he had an interest in the condo because he handed all his paychecks over to me- not much an average of 22k per year BEFORE TAXES - which barely covered his half of living expenses in NJ. AND BECAUSE HE COULD NOT GET A CHECKING ACCOUNT WHEN HE FIRST MOVED TO NJ FROM LA- HE LEFT AL TO BE WITH ME BUT WAS LIVING IN A 1 ROOM SHACK IN CHINATOWN WITH A PART TIME JOB (STUPID ME!)
I have proof of all the money I spent on his hobbies, food, gas, tolls, car insurance, medical insurance, dental insurance - all paid by me
HELP!
I was in a dating relationship with a man for a period of 1 1/2 years. We moved in together (both signed lease agreement) and purchased items(furniture) together. At the time of the break-up less than one year later he moved out of the shared home. He took all items purchased with exception of specific furniture pieces. When he moved out we made an agreement that I would give him a predetermined amount of money over a period of one year. Now, one year later, and after recieving his final check in the mail, he has contacted me requesting more money. I advised him he would not recieve any further money for the furniture items, where he stated he would sue me civilly. He is currently suing me, where I filed a counter law-suit. The furniture in question was purchased on his credit card, with the warranty in his name (however I was given the warranty documents). My question is in regards to the likeliness of him winning this issue in court. Do you suggest I bring an attorney?
Stephanie - We cannot give you legal advice over the internet. You should contact an attorney, review the facts and follow their advice.
Julie, I would suggest that you retain an attorney and have them reviw the facts and advise you.
My friend separated from her husband about 9 months ago. She has moved with her 2 kids about an hour north of where they lived here in NJ. While they are separated I don't believe they are "legally" separated. They did go to court about child support though. I was talking to her the other day and she asked me if I would help her invest some of the money she was going to get when the house is sold. To make a long story short, her husband has put the house, which is in his name only, up for sale. The house was bought during their 10 year marriage. I told her that I feel she is making a big mistake, as she will have no guarantee of ever seeing any of that money. Is this in fact true or am I just over reaction?
You are not overreacting. Your friend should consult with an attorney as soon as possible.
Bob Durst
I was awarded the home (marital asset) in a divorce. My spouse never showed up to the hearing. Two years later, he has obtained an attorney and he is trying to receive 50% from the sale of the home which I did a year after the divorce. I can no longer afford to pay an attorney and have a hearing set up soon in court. What I am looking for is case law regarding this type of situation. Any help would be greatly appreciated.
Thanks.
Dear Ms. Douglas,
Unfortunatey, as attorneys, we are not permitted to give specific legal advice to anyone who is not a client. If you'd like to consider retaining our firm, please feel free to contact my assistant, Sheila Morris at the telephone number to discuss a consultation.
Best of luck.
Cary Kvitka