The fight is Beginning

[Ready4theEnd]

What is the name of your state (only U.S. law)? Arkansas

My wife and I have been together for 9 years, married 4 years. Things have not been well between us for a while now. Last month she suspected me of infidelity with no real proof other than the fact I was very good friends with this woman. The other woman was leaving her husband, I was not happy in my marriage and we both became each others sounding boards basically. On the day the other woman left her husband, my wife was in the process of "throwing me out" of our home. She was screaming and cussing and telling me if I didn't leave she was gonna call the police and have me removed. Just as I finished packing my 2 bags of clothes, the other woman pulled into our driveway to inform us she was leaving and to please make sure her husband did nothing stupid. I caught her before she got to the door and told her it was not a good time. As I went back in, my wife said "There's your ride, now get the @#$* out". I ran back out, asked where she was going. She didn't know. I asked if I could go with. She said yes. Long, Long story short, we went to Alabama for 2 weeks. I then contacted my wife and asked to come back and try to work through things. She said ok. Once I was back, her daughter was visiting. I was not allowed in the house for fear it may upset her 27 year old daughter. I was made to eat my meals outside, and had to wait til 1-2am to "sneak" into my own home to take a shower after her daughter went to bed. Things went fine after the daughter left. I was allowed in again. Now things have turned for the worse. Divorce is eminent. She thinks she is entitled to everything because I left for 2 weeks. She says I abandoned her and our home/property. She forgets that she threw me out or was going to call the police. She argues that she only wanted me to leave for 30 minutes or so. All of our property is paid for. Land, home, truck, furnishings all owned free and clear. The truck was purchased 6 months ago and it was put into her name alone. Not a $35000 vehicle. A 2001 model worth maybe $3k. I told her She can keep everything but I want the truck and my personal belongings. NO WAY! is her answer. You are getting nothing! Since the vehicle is in her name, she said if I leave in it, she will report it stolen. What can I do? I am trapped in Arkansas at the mercy of her. Any advice will be greatly appreciated.

[LdiJ]

What is the name of your state (only U.S. law)? Arkansas

My wife and I have been together for 9 years, married 4 years. Things have not been well between us for a while now. Last month she suspected me of infidelity with no real proof other than the fact I was very good friends with this woman. The other woman was leaving her husband, I was not happy in my marriage and we both became each others sounding boards basically. On the day the other woman left her husband, my wife was in the process of "throwing me out" of our home. She was screaming and cussing and telling me if I didn't leave she was gonna call the police and have me removed. Just as I finished packing my 2 bags of clothes, the other woman pulled into our driveway to inform us she was leaving and to please make sure her husband did nothing stupid. I caught her before she got to the door and told her it was not a good time. As I went back in, my wife said "There's your ride, now get the @#$* out". I ran back out, asked where she was going. She didn't know. I asked if I could go with. She said yes. Long, Long story short, we went to Alabama for 2 weeks. I then contacted my wife and asked to come back and try to work through things. She said ok. Once I was back, her daughter was visiting. I was not allowed in the house for fear it may upset her 27 year old daughter. I was made to eat my meals outside, and had to wait til 1-2am to "sneak" into my own home to take a shower after her daughter went to bed. Things went fine after the daughter left. I was allowed in again. Now things have turned for the worse. Divorce is eminent. She thinks she is entitled to everything because I left for 2 weeks. She says I abandoned her and our home/property. She forgets that she threw me out or was going to call the police. She argues that she only wanted me to leave for 30 minutes or so. All of our property is paid for. Land, home, truck, furnishings all owned free and clear. The truck was purchased 6 months ago and it was put into her name alone. Not a $35000 vehicle. A 2001 model worth maybe $3k. I told her She can keep everything but I want the truck and my personal belongings. NO WAY! is her answer. You are getting nothing! Since the vehicle is in her name, she said if I leave in it, she will report it stolen. What can I do? I am trapped in Arkansas at the mercy of her. Any advice will be greatly appreciated.

You are entitled to 50% of any property that you jointly own, 50% of any property in her name only whose equity or that portion of the equity accrued during the marriage, (and vice versa) you are responsible for 50% of any marital debts.

She cannot report the truck stolen, because its marital property. You also have abandoned nothing. It doesn't matter whether you left voluntarily or she threw you out, you have abandoned nothing.

Go at least get yourself a consult with a local attorney so that you are more comfortable with what your rights are at this point, and stop taking legal advice from your wife.

She also cannot throw you out of the marital home, nor can the police remove you unless you commit domestic violence. Therefore make sure that you do not lay a finger on her at all, in any way, shape or form.

[mistoffolees]

What is the name of your state (only U.S. law)? Arkansas

My wife and I have been together for 9 years, married 4 years. Things have not been well between us for a while now. Last month she suspected me of infidelity with no real proof other than the fact I was very good friends with this woman. The other woman was leaving her husband, I was not happy in my marriage and we both became each others sounding boards basically. On the day the other woman left her husband, my wife was in the process of "throwing me out" of our home. She was screaming and cussing and telling me if I didn't leave she was gonna call the police and have me removed. Just as I finished packing my 2 bags of clothes, the other woman pulled into our driveway to inform us she was leaving and to please make sure her husband did nothing stupid. I caught her before she got to the door and told her it was not a good time. As I went back in, my wife said "There's your ride, now get the @#$* out". I ran back out, asked where she was going. She didn't know. I asked if I could go with. She said yes. Long, Long story short, we went to Alabama for 2 weeks. I then contacted my wife and asked to come back and try to work through things. She said ok. Once I was back, her daughter was visiting. I was not allowed in the house for fear it may upset her 27 year old daughter. I was made to eat my meals outside, and had to wait til 1-2am to "sneak" into my own home to take a shower after her daughter went to bed. Things went fine after the daughter left. I was allowed in again. Now things have turned for the worse. Divorce is eminent. She thinks she is entitled to everything because I left for 2 weeks. She says I abandoned her and our home/property. She forgets that she threw me out or was going to call the police. She argues that she only wanted me to leave for 30 minutes or so. All of our property is paid for. Land, home, truck, furnishings all owned free and clear. The truck was purchased 6 months ago and it was put into her name alone. Not a $35000 vehicle. A 2001 model worth maybe $3k. I told her She can keep everything but I want the truck and my personal belongings. NO WAY! is her answer. You are getting nothing! Since the vehicle is in her name, she said if I leave in it, she will report it stolen. What can I do? I am trapped in Arkansas at the mercy of her. Any advice will be greatly appreciated.

Get yourself a backbone. You're not trapped anywhere at anyone's mercy. You're allowed to live in the marital home and she can't stop you.

You're in an equitable distribution state. That means that the judge will start with a 50:50 division of MARITAL property (that is, the amount of property accumulated during the marriage or the amount of increase in property value), but can change the distribution based on a number of factors. Adultery is not specifically listed as a factor that can be used to change the distribution, but that doesn't mean the judge won't consider it. So by spending 2 weeks with your 'friend', you may have affected your share of the property. But your wife is wrong in thinking that you're going to get nothing simply because she doesn't want you to have anything.

Talk with an attorney about your options. Until then, you're free to live in the marital home - unless there is a protection order against you or you think it would be unsafe. You're free to use marital property, as well.

[Ready4theEnd]

Thank you for the reply. I thought the same thing. I didn't abandon anything, I**************..just took a little vacation. Yeah that's it. Anyway. Even though the truck is solely in her name, she cannot report it stolen? Like I said, we have been married 4 years and purchased the truck 6 months ago. What If I take the truck and go back to alabama and just leave her with the house, land and furnishings? Can she then report it stolen since I have left the state with it? I just want to get out of here asap. And the only way to do that is with that dag blasted truck. I have never laid a finger on her, and will not do it now. She has already grabbed the phone 2 times and said she was scared of me. She has no reason to be. All I was doing was trying to talk to her about the situation and she didn't wanna talk. She didn't directly say she was scared and gonna call the police, but she implied it. Of course we all know how that would turn out. I really just want to leave here and move on with my life, but I cannot do that without a vehicle. All of her family is here to support her. Mine is all between 600 and 1400 miles away and like I said, it leaves me trapped with what I feel are very limited options. I think I will call an attorney tommorrow and see what they say on the matter, and also contact the local sherriffs dept and find out if she can report it stolen or is it marital property as you have stated.

[Ohiogal]

Thank you for the reply. I thought the same thing. I didn't abandon anything, I**************..just took a little vacation. Yeah that's it. Anyway. Even though the truck is solely in her name, she cannot report it stolen? Like I said, we have been married 4 years and purchased the truck 6 months ago. What If I take the truck and go back to alabama and just leave her with the house, land and furnishings? Can she then report it stolen since I have left the state with it? I just want to get out of here asap. And the only way to do that is with that dag blasted truck. I have never laid a finger on her, and will not do it now. She has already grabbed the phone 2 times and said she was scared of me. She has no reason to be. All I was doing was trying to talk to her about the situation and she didn't wanna talk. She didn't directly say she was scared and gonna call the police, but she implied it. Of course we all know how that would turn out. I really just want to leave here and move on with my life, but I cannot do that without a vehicle. All of her family is here to support her. Mine is all between 600 and 1400 miles away and like I said, it leaves me trapped with what I feel are very limited options. I think I will call an attorney tommorrow and see what they say on the matter, and also contact the local sherriffs dept and find out if she can report it stolen or is it marital property as you have stated.

So you want to go to your girlfriend's house? Sorry but the court is NOT going to believe that this was all just a coincidence and you are not committing adultery. The truck is marital property.

[Ready4theEnd]

So you want to go to your girlfriend's house? Sorry but the court is NOT going to believe that this was all just a coincidence and you are not committing adultery. The truck is marital property.

Ok, maybe my post was a little misleading, or did not have enough information. We live in Arkansas, the lady I spent 2 weeks with now lives in Oklahoma, and I want to go to Alabama. I am not going to my "girlfriends house.