senior spouse help

[franlow]

What is the name of your state? tx I am a 64 yr old spouse married 8 yrs to hsb who is disable vet and draws disability ss. all bank acct in his name. retirement from state job,life ins and all benefits he has his daughter as beneficiary. we own property together but vehicles are in his name bought after marriage. he has filed for a divorece and wants to leave me with my ss of 600.00 and nothing else...can he do this. i have no attorney. i have 20 days to respond to divorce papers. he is verbally,emotionaly and mentally abusive. I have applied for legal aid but have not been approved or heard from them.What is the name of your state?

[nextwife]

You've only been married eight years- surely you acquired retirement and other assets BEFORE this marriage, if you are a senior yourself. What about the 56 years you had BEFORE this marriage? If you have no assets or retirement of your own BEFORE age 56, that is not THIS spouses fault. The law only requires him to share MARITAL assets/income, much of what he is probably living on is PREmarital.

If he's been disabled this whole time, then there is likely not much in "marital acquisitions", but whatever you and he acquired together during the marriage would be shared, as would marital debts.

[ceara19]

Originally Posted by franlow

What is the name of your state? tx I am a 64 yr old spouse married 8 yrs to hsb who is disable vet and draws disability ss. all bank acct in his name. retirement from state job,life ins and all benefits he has his daughter as beneficiary. we own property together but vehicles are in his name bought after marriage. he has filed for a divorece and wants to leave me with my ss of 600.00 and nothing else...can he do this. i have no attorney. i have 20 days to respond to divorce papers. he is verbally,emotionaly and mentally abusive. I have applied for legal aid but have not been approved or heard from them.What is the name of your state?

You don't meet the requirements for any type of spousal support in Texas. You may want to pay a visit to your nearest law library (many are located in the county courthouse). If there is a knowledgeable law librarian, they will usually help you prepare the necessary documents you need to respond. Depending on your area, even if you do QUALIFY for legal aid, your case would be considered "low priority" since you have been married less than 10 years and there are no minor children.

[franlow]

Thanks for the reply. My hsb is aware of the 10 yr rule and is pushing because of it. We started the marriage on equal footing. We both came from long term prior marriages and had lost everything..He was and still is very bitter and angry about his divorce and feels as if his exwife deserved nothing after 18 yrs. she got part of his va disability and he came out with nothing after assests were settled...I contributed my money to the household to lighten the burden on him...so that he could pay some of the old debt, like credit cards and premiums on his life insurance. i made my own car payments etc, helped with rent, groceries etc...The trouble started when we both quit our jobs to work as a couple as managers of a business and relocate. The pay was made out to him,at his request and social security was paid in on his behalf only even tho we were both responsible for the job , did equal work. It was a two person job...The abuse started when he could not do his part, because of physical limitations....he would give me no support, no grocery, no clothers, no personal needs, no medical expenses, no transportation......he was so controlling, i couldnt see my family, my grandchildren, no frriends, nothing...I had depleted my bank account to compensate and he refused to have a joint account....we were terminated from the job and asked to leave..he abandoned me and took off with everything....I begged the manages to let me work until the new manages got there and i did the job that both of us had previously done for l/2 the pay..he came back 3 months later and we started over again..he had been approved for 100% va benefits and applied for social security disability as well and was awarded such. we bought property in both our names but the verbal abuse and the refusal to support me continued and got worse. now he had filed for divorce, moved 100 yds from me on our property and i continue to live on my social security. the divorce was brought on when i discovered that he had made no provisions to secure the debt on this property as he told me he had done. if something had happened to him. I could not even afford to call a cab. bank account was pod to someone else, life insurance. money moved and hidden in his sisters name etc.....I have to take some responsibility for getting into this position but I trusted him and let him take complete control . I have medical bills as he refused to get medical insurance,even tho we could afford it. he does not pay for my prescriptions, my food, clothes, person items or any thing that is for me. he buys what he wants for himself. I need eye surgery because i cant see well enough to drive, but he refuses that also...In short, i have helped him save for 8 yrs and he has taken everthing...

[LdiJ]

Originally Posted by franlow

Thanks for the reply. My hsb is aware of the 10 yr rule and is pushing because of it. We started the marriage on equal footing. We both came from long term prior marriages and had lost everything..He was and still is very bitter and angry about his divorce and feels as if his exwife deserved nothing after 18 yrs. she got part of his va disability and he came out with nothing after assests were settled...I contributed my money to the household to lighten the burden on him...so that he could pay some of the old debt, like credit cards and premiums on his life insurance. i made my own car payments etc, helped with rent, groceries etc...The trouble started when we both quit our jobs to work as a couple as managers of a business and relocate. The pay was made out to him,at his request and social security was paid in on his behalf only even tho we were both responsible for the job , did equal work. It was a two person job...The abuse started when he could not do his part, because of physical limitations....he would give me no support, no grocery, no clothers, no personal needs, no medical expenses, no transportation......he was so controlling, i couldnt see my family, my grandchildren, no frriends, nothing...I had depleted my bank account to compensate and he refused to have a joint account....we were terminated from the job and asked to leave..he abandoned me and took off with everything....I begged the manages to let me work until the new manages got there and i did the job that both of us had previously done for l/2 the pay..he came back 3 months later and we started over again..he had been approved for 100% va benefits and applied for social security disability as well and was awarded such. we bought property in both our names but the verbal abuse and the refusal to support me continued and got worse. now he had filed for divorce, moved 100 yds from me on our property and i continue to live on my social security. the divorce was brought on when i discovered that he had made no provisions to secure the debt on this property as he told me he had done. if something had happened to him. I could not even afford to call a cab. bank account was pod to someone else, life insurance. money moved and hidden in his sisters name etc.....I have to take some responsibility for getting into this position but I trusted him and let him take complete control . I have medical bills as he refused to get medical insurance,even tho we could afford it. he does not pay for my prescriptions, my food, clothes, person items or any thing that is for me. he buys what he wants for himself. I need eye surgery because i cant see well enough to drive, but he refuses that also...In short, i have helped him save for 8 yrs and he has taken everthing...

You really need to find a way to hire an attorney. Can no one in your family help you?

[franlow]

I have two children, but they cannot help financially. they are intimidated by him and afraid to interfere,afraid of what he will do to me..they are moral support and i talk to them daily but they do not come to see me to prevent problems for me. since he is living just behind me in another house on the property, he comes in and out and can monitor my activities and he has never liked my children to visit at all. hsb is 25 yr military: army,marine and airforce, ex-policeman and has mental problems due to being viet nam vet with ptsd.

[LdiJ]

Originally Posted by franlow

I have two children, but they cannot help financially. they are intimidated by him and afraid to interfere,afraid of what he will do to me..they are moral support and i talk to them daily but they do not come to see me to prevent problems for me. since he is living just behind me in another house on the property, he comes in and out and can monitor my activities and he has never liked my children to visit at all. hsb is 25 yr military: army,marine and airforce, ex-policeman and has mental problems due to being viet nam vet with ptsd.

You own 1/2 of the property, correct? Therefore if you have an attorney the attorney can petition for the property to be sold and the proceeds divided.

Can either of your children take out of loan that you could pay them back after the property is sold? You cannot continue to live this way and you are going to need your share of the property.