property bought in wife's maiden name & SS # prior 2 marriage,hers 2 keep in divorce?

[LilCntryQT]

property bought in wife's maiden name & SS # prior 2 marriage,hers 2 keep in divorce?

What is the name of your state? South Carolina

A man & a woman lived together for more than 3 years before they were married. They've been married a little over 2 years now. Household appliances, a home computer, and an entertainment center (to name a few) were some items that were purchased prior to their marriage. They were bought under her madien name, her SS # & payments were made using her income. Can she legally take the items out of the home if she wanted to leave him? If she cannot "legally" take them, what would happen if she took them anyway?

Also, during the nearly 6 years of their relationship, she has had to endure emotional abuse & some physical abuse (pushing her around, poking her with his finger while screaming at her...). His previous wives (2) & their children (3, all his) can testify to the same treatment or worse. He prefers to spend his spare time either glued to the TV, chatting on Yahoo or playing computer games all night long, or sitting on the front porch smoking. This is only the tip of the iceburg... He is inconsiderate, irresponsible & immature to say the least. They also have a 6 month old son. She wants to get out of a miserable marriage without getting taken advantage of. All she wants is her & the baby's personal property & the items she is still financially responsible for. She does NOT want alimony or child support because she doesn't want the baby's father to have any say-so when it comes to the child's upbringing. An answer to the questions & any other advice would be appreciated.

 

[stephenk]

You can take your stuff with you when you move out. He can make a claim for their value as part of community assets when divorce is filed but that does not mean he will win.

Regarding your kid. Unfortunately for you, he will be a part of the kid's life till the child turns 18, unless he signs away all legal rights to the child. The court will order child support and visitation. Just because you and he dont get along does not mean the child must suffer financially and not be supported by dad.

In California, the custodial parent cannot agree to let the non-custodial parent avoid child support as part of their divorce or settlement agreement. The right to receive support is that of the child's not the custodial parent.

 

[LilCntryQT]

Thank you for your reply...

I should mention that the infant has been handled roughly by his father. For example, when the child was 3 months old & barely able to hold his own head up, let alone sit on his own, his father thought it would be fun to balance him in his palm several feet over the sofa. Meanwhile, the infant's mother is begging him to please stop because what he is doing is dangerous. He tells her that she is being silly & needs to trust him- that he would never do anything harmful to the baby. This is only one example of many. The child's mother has witnessed verbal &/or physical abuse of the younger 2 of his other children & feels it would be mentally & physically harmful for the infant to be around his father- especially unsupervised. Is this enough to convince a judge that the father/son relationship is a bad idea? What can be done to get the father to waive his parental rights? The financial support would be needed since the mother is unemployed, but the primary concern is protecting herself & her son.

Again, I appreciate your help...

 

[stargazer0725]

Keep in mind that child support and visitation are two separate issues. If he can be proved to be an "unfit" parent, he can lose his visitation rights but STILL be ordered to pay child support.