community property

[jtharrod]

What is the name of your state (only U.S. law)? arkansas
Recently I left my husband because I could not tolerate the emotional abuse anymore. He is saying now that I have no rights to the things I left behind in the house nor do I have any rights regarding the dispensation of property we accrued together while we are married. He told me that since he used part of the money from the court ordered sale of his childrens house to pay off the debt owed on one of the pieces of property that I have no right to any money that might be gained from the sale of it. When I was still there I worked and handed over m paycheck to him with no questions asked and I know that my money went to make payments on that land before he paid off the small amount owed aginst it after his settlement. He never allowed my name to be put on the bank account, although I found out that he actually had my name on the account in case of an emergency. I am scared that all that I have is going to be lost. He told me that he has spoken to an attorney who has told him that I have no rights to anything since I walked away form the house and the marriage. I am so scared of him and I am so scared about what it is I am going to do? I came to my mother's in Dallas and managed to find a part time job. I left with a car that was in his name but I was the primary driver, in fact he told everyone that the car was mine. What do I do?

 

[Farfalla]

He's wrong. You have rights. Get an attorney ASAP.

 

[jtharrod]

My problem is that I left with 750 dollars and no job. He had me send him 335 dollars to make the car payment just so he wouldn't come and take the car or have me arrested for grand theft auto, so I have NO MONEY!!

 

[Farfalla]

See if you can find an attorney who will request that your legal fees be paid out of community income.

Oh, and you name is on the checking account. you can pay out of taht account

 

[jtharrod]

I have gotten on a website that would help me find an attorney. I have none of the checks and I think that he has already taken my name off the account, at least that was the indication he made to me. I am so scared of what it is that he is going to do.

 

[jtharrod]

I came here with my cats, which he threatened to kill all the time, 4 suitcases of clothes and that was it.

 

[tranquility]

You've got to find the resources to get an attorney. From your posts you have a victim mentality and you will not be able to do anything on your own. Go to a battered women's shelter, they may provide a place to get legal help. Call legal aid. Get cash from family or friends. The bottom line is that *you* have to SEE an ATTORNEY. The sooner the better. Any other story you tell may be useful to making you feel better, but is not going to help you otherwise.

 

[LdiJ]

My problem is that I left with 750 dollars and no job. He had me send him 335 dollars to make the car payment just so he wouldn't come and take the car or have me arrested for grand theft auto, so I have NO MONEY!!

He cannot have you arrested for grand theft auto. Next time he makes that kind of threat ignor him. In fact, you should never take legal advice from your ex or soon to be ex.

Do you have a family member who could help you with a retainer for an attorney? You really are going to need one.

 

[MFinancier]

I know this won't help much...but you are not alone. This kind of stuff happens all the time. So take heart, be strong, and get a game plan together. How long were you married? What kind of assets and debt do you know about, how many cars, what kind of family budget, how much did you contribute, and who and how were your taxes done? Yes...good legal representation will help...but you also need to reconstruct as much of your finances as possible. The more you can do yourself...the more money you will save. Get tax records, bank records, credit reports, credit card statemtents, copies of mortgage statements. Then a financial expert can help put it all together. If you can't get this info...he will be forced to provide it to you/your legal counsel through the discovery process. You are entitled to an "equitable" portion of all property accumulated while you were married no matter how it is titled or who's name it is in...as well as any appreciation in separate property resulting from marital effort or income! He can generally get reimbursed for any of his separate funds used for those "pieces of property" you mentioned...as long as he has adequate records...but that's all. "Walking away from the marriage and the house" typically doesn't affect this...and it's his opinion anyways! Don't send him anymore money...don't make any agreements unless you know what your doing, and start using email to discuss important issues...not the phone! You may be able to get an order for legal fees, pending a final MSA (Marital Settlement Agreement) if you cannot afford legal representation...and legal action is necessary. Good Luck!

 

[MFinancier]

Sorry but one other thing I forgot to mention. The cutoff date for marital property in Arkansas is the date the petition is filed...so any debt either one of you incur prior to that may be considered marital and the same may hold true for your income...there is also little protection from transfering or encumbering marital assets. Yes you can always look back for dissapation issues...but that only takes more time and money....so talk to your attorney ASAPl!! Once a petition is filed you will have the usual financial restraints, and typically all debt and income not related to the marital enterprise wll then be separate.