Lesbian Separation

[tigeraven]

What is the name of your state? Washington State

Hello,
My ex Mother-in-law and grand mother of my son is separating from her lesbian partner and I need some advice on how to ensure she is protected. She became involved with the woman she is separating from about 4 years ago. At that time she moved here to WA from MN. Left a thriving business which is now all but dead and a few later sold her house in MN. The money she received from that sale went into a joint account and is now gone. She worked for the women she has been with as a legal employee, but all her pay went into their account to cover their bills. They both a couple of years ago had wills and power of attorney drafted up which need now to be broken. I have advised her to start seeking counsel, but as they were living as a married couple but not really married I fear she will walk away from this penniless, jobless and 61 years old trying to survive with nothing. Is there a possibility that she can recoup some of her losses and walk out of this with at least something to show for the last 4 years even due to the nature of her relationship and not having the rights of marriage?

[LdiJ]

Originally Posted by tigeraven

What is the name of your state? Washington State

Hello,
My ex Mother-in-law and grand mother of my son is separating from her lesbian partner and I need some advice on how to ensure she is protected. She became involved with the woman she is separating from about 4 years ago. At that time she moved here to WA from MN. Left a thriving business which is now all but dead and a few later sold her house in MN. The money she received from that sale went into a joint account and is now gone. She worked for the women she has been with as a legal employee, but all her pay went into their account to cover their bills. They both a couple of years ago had wills and power of attorney drafted up which need now to be broken. I have advised her to start seeking counsel, but as they were living as a married couple but not really married I fear she will walk away from this penniless, jobless and 61 years old trying to survive with nothing. Is there a possibility that she can recoup some of her losses and walk out of this with at least something to show for the last 4 years even due to the nature of her relationship and not having the rights of marriage?

Unfortunately, unless she has joint ownership of the home she currently lives in, I don't think that there is much of anything that she can recoup. Where did the money from the sale of her house go? What was it used for?

[tigeraven]

The money for the sale of her house went into a joint account and was spent by the woman she lived with without her knowledge. I don't know where the money went.

[las365]

What sort of assets does the soon-to-be-ex-partner have? That is key in what sort of division of assets may be acheivable. If there isn't anything there, it's pretty much a moot point.

I am not a lawyer. The practice I work for is doing some work in the arena of settling property division disputes between same-sex couples who are seperating. It is my understanding that your MIL's primary legal remedy likely falls under laws typically related to business partnerships.

She should seek counsel from an attorney who is familiar with this issue. Her best bet is to contact attorneys who work in the field of gay & lesbian legal issues in her community and ask for referrals to lawyers who have experience in dealing with this type of dissolution.

[nextwife]

Originally Posted by tigeraven

The money for the sale of her house went into a joint account and was spent by the woman she lived with without her knowledge. I don't know where the money went.

I really have to wonder why ANYONE would simply place their home sale proceeds into any "checking" account. I've been married twelve years, and I'd NEVER place a large sum of money into either my own, or our joint checking account. She should have invested it, or a large chunk of it - whether straight, gay, married, or single. Fiscal planning has nothing to do with the status of one's relationship. And why do people who hook up with a spouse or partner STOP also having their own individual investments?