Abandonement?

[GottaGo]

What is the name of your state? NJ

Writing on behalf of another....
Married for 25 years, house in both wife and husband's name (was originally in wife's name only, changed deed about 10 yrs ago into both names).
One vehicle is in husband's name, the other is in both names.

Wife would like to leave marriage but is concerned that if she leaves the house, husband will claim abandonment and she will lose all claim to home and considerable assets there within.

Is there any truth to this fear?

Also, can health insurance also be added in as part of spousal support?

Thank you for your help!

 

[nextwife]

What is the name of your state? NJ

Writing on behalf of another....
Married for 25 years, house in both wife and husband's name (was originally in wife's name only, changed deed about 10 yrs ago into both names).
One vehicle is in husband's name, the other is in both names.

Wife would like to leave marriage but is concerned that if she leaves the house, husband will claim abandonment and she will lose all claim to home and considerable assets there within.

Is there any truth to this fear?

Also, can health insurance also be added in as part of spousal support?

Thank you for your help!

Why does she want to pay him spousal support and health insurance ?

 

[GottaGo]

Ha Ha NextWife. You know what I mean! lol

 

[nextwife]

What is the name of your state? NJ

Writing on behalf of another....
Married for 25 years, house in both wife and husband's name (was originally in wife's name only, changed deed about 10 yrs ago into both names).
One vehicle is in husband's name, the other is in both names.

Wife would like to leave marriage but is concerned that if she leaves the house, husband will claim abandonment and she will lose all claim to home and considerable assets there within.

Is there any truth to this fear?

Also, can health insurance also be added in as part of spousal support?

Thank you for your help!

Her RE ownership has nothing to do with her leaving the marriage. Marital property, marital debts, and marital accrual in their respective retirement plans, IRAs and 401ks will be split. Most employers will NOT allow an employee to continue an ex spouse on their health plan.

You have not given nearly enough info to know if SS is warranted. But SS is NOT an automatic consolation prize that women are due simply for being married a long time. Their spouse was also married a long time, after all. There are a number of factors that affect whether there will be ANY SS and, if so, who gets it and how long. Are there minor children?

 

[GottaGo]

Thanks, nextwife.

Husband is self-employed, owns a carpet cleaning business. They pay their own insurance. Wife tutors occasionally, no real employment to speak of. No minor children.
They received about 300K in an inheritance from husband's parents a few years back, wife estimates about 250K remains. Home is worth approx 300K, assests there within about 20K, husband's car approx 5K, wife's 18k.

Did I miss anything?

But as I stated in the original posting, the wife's main concern is that if she moves out, is she risking her claim to the marital assets. It seems as if your response to that was 'no', but I just would like to be very clear.
No?

Thanks again.

 

[nextwife]

Thanks, nextwife.

Husband is self-employed, owns a carpet cleaning business. They pay their own insurance. Wife tutors occasionally, no real employment to speak of. No minor children.
They received about 300K in an inheritance from husband's parents a few years back, wife estimates about 250K remains. Home is worth approx 300K, assests there within about 20K, husband's car approx 5K, wife's 18k.

Did I miss anything?

But as I stated in the original posting, the wife's main concern is that if she moves out, is she risking her claim to the marital assets. It seems as if your response to that was 'no', but I just would like to be very clear.
No?


Thanks again.

Unless the inheritance was actually left to BOTH, or was placed into a joint account, it would be considered seperate property as it is an INHERITANCE, not husband's earned income (which WOULD be marital).

The Home's EQUITY is a marital asset, not it's market value. Same with the car- it's the value minus any liens against it. So, if for example, the five thousand dollar car has a $5000 loan, then the car would be a $5000 marital DEBT.

No, the house is hers and his. Period. She may want to take any small or valuble personal property OF HER OWN WITH HER. Maybe even take a video inventory along.

The insurance thing is problematic - we can't know what the policy allows as to who can be covered. He may or may not be able to keep her on his business coverage. After my dad died, my mom, who'd been a SAHM most of the marriage, worked until full SS retirement age (when she'd have Medicare) specifically for health insurance.

SS depends upon what he makes as well. HE will also need a household and he and she will need to pay marital debts. How close to retirement age he is. If she is a teacher, she could polish up her skills.

THe business may or may not have a value, and may or may not be marital.

 

[LdiJ]

She really needs a sit down discussion/consultation with a local attorney to have a clear picture of everything.

I agree with everything that Nextwife said, but there are probably details that would come out better in a face to face discussion.

However, one very important thing is that she needs copies of all of the records regarding their debts and assets. She needs to start gathering those now.

 

[nextwife]

Home is worth approx 300K, assests there within about 20K, husband's car approx 5K, wife's 18k.

Either his income is very modest, OR, they really spend way too much money for their income. With no minor children, there should be far greater retirement savings by now. If he were making big bucks, he'd have more of a retirement accumulation by 45 or 50 year old. If his income is modest, she'd better not count on much Spousal Support, if any, being possible. What can be done with ONE household cannot be achieved for two household's off the same income. He will NOT be expected to use his inheritance (if it is his alone, which is VERY possible. His parent probably named HIM, not him and her, as the heir) to support her.