Need Advise

[April470]

What is the name of your state (only U.S. law)? Oregon
regarding divorce - spouse and I lived in a house that was owned by my family, we sold it making a profit and paid the family back the inital down payment and was told we could keep the rest. We paid several bills and the remainder we took and remodeled another home that was owned by the family. We are now getting a divorce and neither myself or spouse can afford laywers but can not come to terms. The spouse believes that since I will inherit this home someday I owe him the money that was put into the house. He contributed from the sale of some property 20k to the remodel with a total of 50k spent on the house remodel. The spouse had not been regularly employed over the 22 years of marriage but I supported and provided all insurances from auto to health. I realize that it is much more complicated then my synopsis above however the spouse has threatened to sue me for the entire property. Please advise if possible. Thank you, April470

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon
regarding divorce - spouse and I lived in a house that was owned by my family, we sold it making a profit and paid the family back the inital down payment and was told we could keep the rest. We paid several bills and the remainder we took and remodeled another home that was owned by the family. We are now getting a divorce and neither myself or spouse can afford laywers but can not come to terms. The spouse believes that since I will inherit this home someday I owe him the money that was put into the house. He contributed from the sale of some property 20k to the remodel with a total of 50k spent on the house remodel. The spouse had not been regularly employed over the 22 years of marriage but I supported and provided all insurances from auto to health. I realize that it is much more complicated then my synopsis above however the spouse has threatened to sue me for the entire property. Please advise if possible. Thank you, April470

He cannot sue you for the property, you don't own it and never have. You can't even take out a mortgage on the property to pay him a share, because you don't own it.

Your family did not have to give you a share of the profits from the other home either, that was their money, therefore the fact that it went back into another one of their properties was appropriate.

Now, morally, if he put money into remodeling the house, that was his own separate money, from a sale of his separate property, he really should get that back.

 

[April470]

Your advise - could use more

The property that the spouse owned was obtained durning our marriage and sold during our marriage. My questions is this...I supported the household on a regular basis paycheck to paycheck while the spouse left home to do his profession which at time would not earn any monies for weeks at a time. We continued to borrow and have several debits and what liquid assest we own are owed against. I understand that the state of OR is not a community property and I don't want his assest that are loaned against. The spouses situation at this time is this...the spouse has a job that they just started and has no savings,the spouses family live i n Texas and to transport the property he has would take several trailers at an cost of ? as well as their person. The debts owed are over 35k...what do you advise would be fair and equitable? thnx, April470

 

[mistoffolees]

The property that the spouse owned was obtained durning our marriage and sold during our marriage. My questions is this...I supported the household on a regular basis paycheck to paycheck while the spouse left home to do his profession which at time would not earn any monies for weeks at a time. We continued to borrow and have several debits and what liquid assest we own are owed against. I understand that the state of OR is not a community property and I don't want his assest that are loaned against. The spouses situation at this time is this...the spouse has a job that they just started and has no savings,the spouses family live i n Texas and to transport the property he has would take several trailers at an cost of ? as well as their person. The debts owed are over 35k...what do you advise would be fair and equitable? thnx, April470

50% of marital assets. That is, the marital portion of the assets minus the marital portion of the debts.

 

[seniorjudge]

What is the name of your state (only U.S. law)? Oregon
In the state of Orgon if just beginning proceedings for divorce (not yet filed) and my father were to pass away and I were to inherit land and some monies would my spouse be able to sue me for part of the property/monies?

Yes, your spouse can ask for anything in the lawsuit.

 

[LdiJ]

Yes, your spouse can ask for anything in the lawsuit.

SJ, I think that you are wonderful, but you can't say that (at least not without explanation) to someone who is totally without legal knowledge.

Anyone can sue anyone, for anything, in a lawsuit. However, if you don't own whatever they are suing you for, and never did, they cannot prevail.

You NEED an attorney.

 

[April470]

Need advice- Would like more input on same

regarding divorce - spouse and I lived in a house that was owned by my family, we sold it making a profit and paid the family back the inital down payment and was told we could keep the rest. We paid several bills and the remainder we took and remodeled another home that was owned by the family. We are now getting a divorce and neither myself or spouse can afford laywers but can not come to terms. The spouse believes that since I will inherit this home someday I owe him the money that was put into the house. He contributed from the sale of some property 20k to the remodel with a total of 50k spent on the house remodel. The spouse had not been regularly employed over the 22 years of marriage but I supported and provided all insurances from auto to health. I realize that it is much more complicated then my synopsis above however the spouse has threatened to sue me for the entire property. Please advise if possible. Thank you, April470

 

[LdiJ]

regarding divorce - spouse and I lived in a house that was owned by my family, we sold it making a profit and paid the family back the inital down payment and was told we could keep the rest. We paid several bills and the remainder we took and remodeled another home that was owned by the family. We are now getting a divorce and neither myself or spouse can afford laywers but can not come to terms. The spouse believes that since I will inherit this home someday I owe him the money that was put into the house. He contributed from the sale of some property 20k to the remodel with a total of 50k spent on the house remodel. The spouse had not been regularly employed over the 22 years of marriage but I supported and provided all insurances from auto to health. I realize that it is much more complicated then my synopsis above however the spouse has threatened to sue me for the entire property. Please advise if possible. Thank you, April470

This doesn't change any of my previous responses. He cannot sue you for a share of property that you do not currently own.

Inheritances are also separate property and he cannot sue for a share of an inheritance...particularly one that you have not yet received.

However, morally, I do think that he should get back whatever he put into the property that was from his own separate property, or 50% of anything that was a marital asset. That's not a legal answer, thats a purely moral one.

However, you could perhaps agree to take on a greater portion of any marital debt, in exchange for that, it doesn't necessarily have to be cash.

 

[Ohiogal]

SJ, I think that you are wonderful, but you can't say that (at least not without explanation) to someone who is totally without legal knowledge.

Anyone can sue anyone, for anything, in a lawsuit. However, if you don't own whatever they are suing you for, and never did, they cannot prevail.

You NEED an attorney.

It may be possible to force the family into the divorce lawsuit however as hiding marital assets due to their past behavior.

 

[LdiJ]

It may be possible to force the family into the divorce lawsuit however as hiding marital assets due to their past behavior.

While that could be possible, I honestly doubt it. They gave them a gift in the past. That does not require them to give them a gift again. It could also be easily argued by them that the remodeling was in lieu of rent. Of course if they didn't report it on their taxes that way (remodeling costs as rental income and then remodeling expenses as deductions) that might mitigate that argument, but might not.

The biggest issue however is that this isn't a case of fraud or hiding assets. The house always belonged to the family. It never belonged to the married couple.

 

[April470]

Update on the divorce situation

I apologize for not having my figures in front of me from the first questions. The profit was 36K and with that the spouse spent 19K paying off rodeo bills etc..... then the spouse took out a 12K loan to build an arena etc..... he thinks the family owes it and should put a loan of the paid off property and I would deduct that from my inheritance. These are the figures 50% = 18K paid off 19K in debts = -1000, also lived in home for 4 years rent-free. He states that other "people" have told him that yes he is entitled to monies and I could go to the family and have them put a note against the property that is paid in full. My family is in assisted living..living on SS small insurance long term policy and residuals... there is the liklyhood that he could live long enough that with his assisted care cost could he could have to sell the property to pay his bill. I am very poor and live in a very small comunnity however the attorneys in this area are very costly. Should I spend the money to get the question answered? Is the home that was remodeled an asset? Thank you for your responses - I am a first time user and am still attempting to learn the ropes. April470

 

[LdiJ]

I apologize for not having my figures in front of me from the first questions. The profit was 36K and with that the spouse spent 19K paying off rodeo bills etc..... then the spouse took out a 12K loan to build an arena etc..... he thinks the family owes it and should put a loan of the paid off property and I would deduct that from my inheritance. These are the figures 50% = 18K paid off 19K in debts = -1000, also lived in home for 4 years rent-free. He states that other "people" have told him that yes he is entitled to monies and I could go to the family and have them put a note against the property that is paid in full. My family is in assisted living..living on SS small insurance long term policy and residuals... there is the liklyhood that he could live long enough that with his assisted care cost could he could have to sell the property to pay his bill. I am very poor and live in a very small comunnity however the attorneys in this area are very costly. Should I spend the money to get the question answered? Is the home that was remodeled an asset? Thank you for your responses - I am a first time user and am still attempting to learn the ropes. April470

Again, the home is NOT a marital asset. I would suggest that you at least consult with a local attorney to verify that.