What to ask an Attorney?

[shellie70]

What is the name of your state? FL

My husband and I have been married 7 1/2 years and I have finally decided I want out. He isn't going to do the leg work and states if I want out, I have to start the process. We have 1 minor child and the house we live in is totally in his name since he acquired it before we were married. I'm really at a loss as to what I need to ask an attorney when I make that initial phone call so I was hoping that you guys/gals could help me out on what I should be asking the lawyer. I know that I am hoping that I can make him refianance the house since we have a line of credit in both our names, and I want half the equity for at least the past 7 1/2 years. Is that also possible for me even though the deed/mortgage is in his name? Please let me know what questions I need to ask that first phone call as I want to do it in the next few days.

Thanks in advance for any suggestions you might have.What is the name of your state?

[mistoffolees]

Originally Posted by shellie70

What is the name of your state? FL

My husband and I have been married 7 1/2 years and I have finally decided I want out. He isn't going to do the leg work and states if I want out, I have to start the process. We have 1 minor child and the house we live in is totally in his name since he acquired it before we were married. I'm really at a loss as to what I need to ask an attorney when I make that initial phone call so I was hoping that you guys/gals could help me out on what I should be asking the lawyer. I know that I am hoping that I can make him refianance the house since we have a line of credit in both our names, and I want half the equity for at least the past 7 1/2 years. Is that also possible for me even though the deed/mortgage is in his name? Please let me know what questions I need to ask that first phone call as I want to do it in the next few days.

Thanks in advance for any suggestions you might have.What is the name of your state?

A good attorney will take you through the process. The questions you're asking are pretty standard.

In general, the name on the mortgage isn't really relevant. You're going to be entitled to half of the marital value - that is the value today minus the value when you got married. It's a little more complicated than that (for example, if he paid the mortgage with non-marital assets, the situation is different), but again, any decent attorney can tell you what you're entitled to.

[shellie70]

Thanks!!! I guess what I really wanted to know and probably wasn't too clear is when I'm calling around trying to find an attorney, are there certain questions I should ask them on the phone before setting up the actual consultation? Since we have a joint account we have both paid the mortgage since we were married, but he bought the house originally with his own money.

Thanks again.