Her rights

[Fire6]

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

My wife are talking about separating. I don't want to but I often feel like the writing has been on the wall and I have just ignored it. I want to protect myself and I am scared of losing so much of what I have invested. I have only been married about 4 mos. We have no kids together. She has one. I bought our home 1 year ago and we have lived in it since. I am the only one on the mortgage and deed. It was only my money that was used as down payment. I have a 401k. She does not. I bought and furnished the entire home with new furniture. I invested a decent amount of money to get her home based business up and running. I have a couple bank accounts in my name only. She also has one.

Does she have rights to the home, my 401k, bank accounts, the right to take furnishings?

As I looked over this post the word "sucker" jumped into my head.

Thank you for your time.

 

[LdiJ]

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

My wife are talking about separating. I don't want to but I often feel like the writing has been on the wall and I have just ignored it. I want to protect myself and I am scared of losing so much of what I have invested. I have only been married about 4 mos. We have no kids together. She has one. I bought our home 1 year ago and we have lived in it since. I am the only one on the mortgage and deed. It was only my money that was used as down payment. I have a 401k. She does not. I bought and furnished the entire home with new furniture. I invested a decent amount of money to get her home based business up and running. I have a couple bank accounts in my name only. She also has one.

Does she have rights to the home, my 401k, bank accounts, the right to take furnishings?

The house is yours. You purchased it alone, before the marriage and you have only been married 4 months. Clearly there is virtually no marital equity.

She would only be entitled to 1/2 of the amount of your 401k that accrued during the marriage, clearly that is very little. Same thing with the bank accounts. If the furnishings were purchased by you, prior to the marriage, they are also yours.

[/quote]As I looked over this post the word "sucker" jumped into my head.

Thank you for your time.[/QUOTE]

Not necessarily...you have only been married 4 months and apparently nearly all of the assets are premarital.

Her home based business could be a different story, but is it a business that has intrinsic value? Would the business be able to be sold?

 

[Fire6]

The home based business primary assests are equipment and clients. But equipment is tangible and I could sell most if not all of it. I purchased all of it prior to marriage.

Regarding my 401k ...I had another account that I had sitting somewhat dormant (I wasn't contributing to it). Since the time we got married I decided to transfer it to my active 401k. The amount I transferred in was about 30k. I accumulated nearly all of it prior to marriage. Do you think that would count as earnings that she would have a right to?

Thank you.

 

[Isis1]

The home based business primary assests are equipment and clients. But equipment is tangible and I could sell most if not all of it. I purchased all of it prior to marriage.

Regarding my 401k ...I had another account that I had sitting somewhat dormant (I wasn't contributing to it). Since the time we got married I decided to transfer it to my active 401k. The amount I transferred in was about 30k. I accumulated nearly all of it prior to marriage. Do you think that would count as earnings that she would have a right to?

Thank you.

NO!! it was a fourth month marriage! good god. she's lucky to get a blender in all of this!

 

[Proserpina]

After reading the post history again, I'm just completely baffled.

 

[Fire6]

After reading the post history again, I'm just completely baffled.

Fair enough. Lots of history not shared on last post. That issue has nothing to do with this .... I take that back. The kid and ex have been a huge part of my wife and my issues. I always thought it would get better so I proceeded with relationship under that premiss. It simply doesn't get better and neither one of us our happy. I blame myself for things not working.

 

[Fire6]

NO!! it was a fourth month marriage! good god. she's lucky to get a blender in all of this!

Can I ask her to leave? I guess I should say do I have the right to kick her out?

 

[ecmst12]

Why would anyone enter into a marriage with the hope that the relationship would change afterwards?

 

[mistoffolees]

Can I ask her to leave? I guess I should say do I have the right to kick her out?

NO. It's the marital home.

Now, when you file for divorce, you can ask for temporary possession of the marital home while the final disposition is being resolved - and under the circumstances, that request will almost certainly be granted, but until you get a court order for her to leave, she can live there.