• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I want a divorce, but my husband refuses to leave!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LdiJ

Senior Member
Technically, 1/2 of the marital portion of the equity, but since they've been married 18 years, that's probably pretty close to 1/2 of the total equity - even if she bought the house before they were married.

Are you really sure about the first paragraph? I'm not an attorney, but I was under the impression that judges can split the assets pretty much any way they wish. If the house was purchased after they were married and paid for with marital assets, is there any reason the judge can't award it to either party - regardless of whose name is on it?

Granted, the fact that her name is on it probably gives her an edge and it sounds like he can't afford to keep it, anyway, but I'd be hesitant to assume that it was impossible for the judge to award it to him.

Interesting case, though. Almost the exact opposite of the typical male breadwinner case. I wonder why Bali Hai hasn't chimed in about how unfair it is for her to have to pay alimony or give her stbx some of 'her' assets.
Yes I am sure of the first paragraph. A judge can only award a share of the marital interest. I never stated that the entire equity wasn't marital property.

You missed my point on something though. The post I quoted said that he would be entitled the THE equity. That implies ALL of the equity....as in the home has 100k in equity and he gets ALL of it. That was my point.
 


mistoffolees

Senior Member
You missed my point on something though. The post I quoted said that he would be entitled the THE equity. That implies ALL of the equity....as in the home has 100k in equity and he gets ALL of it. That was my point.
Of course. I just figured that was so obvious it wasn't worth discussing.
 

VeronicaLodge

Senior Member
really cuz i did a search for the terms on this page and nothing came up, weird.

edited to say: i looked up spousal support and support, and didnt look up alimony! duh!!! ok, back to your discussion.
 
Last edited:

WearyWoman

Junior Member
Yet you stayed with him and also had not one, but two children. That implies that you continued to be ok with the arrangement. If he never really worked, and that was an issue for you, you could have filed for divorce in the very first year. I know a young woman who did just that because she say the handwriting in the wall within months of being married.
Thank you, but I already know I'm a idiot. I didn't need you to point that out for me.

To everyone else:

Thanks for all the information. I have an appointment with an attorney on Friday and hopefully I will get this all sorted out.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top