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having to fight to keep my house

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lsharra

Guest
:confused: What is the name of your state?arkansas
i am asking for a friend, he bought and built his home 3 months before he got married to his second wife of 3 and a half years, they have no children to gether, but she has two of her own and from another marriage, these boys have been living with them all this time intill now the boys are going to live with there real father that never has paid child support since they have been living with my friend and his wife. now my friend and his wife are getting a divorce and it is a nasty one. the wife has never carried my friends last name or had her name on any of the bills not even the house ,he had that in his name only.now she wants the house or half of his 401k and that might be $8,000 but she thinks she is intitled to $35,000 can she get half of everything he has? and the thing is the reason they are divorce is that she was letting her septfather live with them and he was going to court his self for child molestation and my friend did not know this intill it came down to him going to court for this and was found guilty and her s-father had to move out,her s-father molested her nieces not her boys and that is way the boys real father wants them.and too ,my friend has two small boys of his own and they would come for week ends and that had to stop intill the bad man s-dad move out. now can she sue my friend for half of everything he has? she works and always did. :eek: hope u can help!
 


nextwife

Senior Member
He needs an attorney.

She should only be entitled to half of whatever ACCRUED during the marriage, and he to half of her MARITAL assets.. Thus, if his 401K was already half it's present value when they married, and has since doubled, she might be entitled to 25%-half the increase DURING the marriage. Same with the house. He entered the marriage with the house, she might be entitled to half the INCREASE in value during the marriage. She is NOT entitled to half of everything he brought into the marriage.

Same with the house. Say it was worth $300,000 when they married, and now $350,000, she might be entitled to half the increase in value, or $25,000.

Also depends on what co-mingling of income and assets occured, what if any prenup there is, and so on.

But his attorney can look out for his interests.
 
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