questions in KY

What is the name of your state?KY
My friend is going through a divorce and I'm trying to help him find the answers he's looking for. His wife filed for divorce about five months ago after a 10 yr marriage. She left the house and took the kids out of the county about an hour away. Can she legally do this? Also, when she left she left him with all the bills. They recently bought a new house about two years ago which has both of their names on it. Is there anything he can do to have her pay him half of the mortgage payments that he was left with since she abandoned it? Also, she has a credit card that is soley in her name that she refuses to take in the divorce. Can he somehow be forced to take that bill as well? Any help would be greatly appreciated. Thank you.

JUSTWONDERINGKY said:

What is the name of your state?KY
My friend is going through a divorce and I'm trying to help him find the answers he's looking for. His wife filed for divorce about five months ago after a 10 yr marriage. She left the house and took the kids out of the county about an hour away. Can she legally do this? Also, when she left she left him with all the bills. They recently bought a new house about two years ago which has both of their names on it. Is there anything he can do to have her pay him half of the mortgage payments that he was left with since she abandoned it? Also, she has a credit card that is soley in her name that she refuses to take in the divorce. Can he somehow be forced to take that bill as well? Any help would be greatly appreciated. Thank you.

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Yes, she can legally go anywhere she likes with the kids. A judge may or may not eventually require her to move back. However, since its only an hour away and she has been there 5 months, its not very likely.

He can try to get the judge to order her to share the mortgage payments until a decision is made about the house. However, if he wants to keep the house then he needs to make the payments himself. If he can't afford to refinance the house in his own name, and make the payments himself, then the judge is likely to order that the house be sold.

Whether or not he would be ordered to pay the credit card that is in her name (or a portion of it), depends entirely on the facts of the situation.

Another Question

KY Thank you for your answers. I have a couple more questions if you could please answer them for me. First of all, Since she left five months ago is she still entitled to stuff in the house? And also, six years ago he and his wife sold the house they owned to move in with her dad because her mom died and he couldn't take care of himself. The only way my friend would do this at the time was if it was put in one of their names because he didn't want to sell a house that they owned to move somewhere where they owned nothing. When they did this her dad put the house in his (her dad) and her (my friends wife's) name. This was aquired during marriage so where does that house stand? Plus, alot of the furniture in that house is my friends that he bought while living there. Is he entitled to half of that as well? Thank you for your time.

JUSTWONDERINGKY said:

KY Thank you for your answers. I have a couple more questions if you could please answer them for me. First of all, Since she left five months ago is she still entitled to stuff in the house? And also, six years ago he and his wife sold the house they owned to move in with her dad because her mom died and he couldn't take care of himself. The only way my friend would do this at the time was if it was put in one of their names because he didn't want to sell a house that they owned to move somewhere where they owned nothing. When they did this her dad put the house in his (her dad) and her (my friends wife's) name. This was aquired during marriage so where does that house stand? Plus, alot of the furniture in that house is my friends that he bought while living there. Is he entitled to half of that as well? Thank you for your time.

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Yes, she is still entitled to stuff inside the house. Moving out doesn't take away ownership of marital property...someone always has to move out.

I had to go back and read both of your posts again...but if I understood you correctly they moved out of her dad's house and into a house of their own two years ago, correct? I think that he would have a hard time claiming any ownership/equity rights in a home that was her dad's home all along....and that only has his wife's name on it because he insisted that it be done. I also think that it would be difficult for either he OR his wife to claim ownership of any furniture that they didn't take with them when they moved. I would think that would would be classifed as a gift to her father.

I normally try to avoid getting involved in moral issues on this board. However, to be quite frank, your friend would be a real jerk, loser, a$$wipe etc...if he even DREAMS of claiming ownership/equity rights to her dad's home. As far as I am concerned that would be a blatant attempt to steal from a senior citizen.

I appreciate your answers. He doesn't want that house and would never take it or even try. I think it was more of a leverage thing than anything else. I just don't understand why some things are considered items acquired during the marriage and should be split and others aren't. For instance, if her and her father would sell that house, wouldn't she be entitled to half of that money because her name is on it too. But my friend would get nothing even though she (his wife) acquired it during marriage. And one more things that he was wondering about was the health insurace for the kids. In KY how do they determine who has to cover them on there plan? Both have insurance so does it go by who has the better insurance, the cheaper, or some other factor? Thank you again for all of your time.

JUSTWONDERINGKY said:

I appreciate your answers. He doesn't want that house and would never take it or even try. I think it was more of a leverage thing than anything else. I just don't understand why some things are considered items acquired during the marriage and should be split and others aren't. For instance, if her and her father would sell that house, wouldn't she be entitled to half of that money because her name is on it too. But my friend would get nothing even though she (his wife) acquired it during marriage. And one more things that he was wondering about was the health insurace for the kids. In KY how do they determine who has to cover them on there plan? Both have insurance so does it go by who has the better insurance, the cheaper, or some other factor? Thank you again for all of your time.

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Inheritances and gifts are normally considered to be separate property. His father in law's house could be classified as either...either a gift to his wife or his wife's inheritance. Again, I would be totally disgusted by anyone who even used it as leverage. It belongs to her FATHER for gods sake....at least morally. I sincerely doubt that she would take half of the proceeds from the house even if she was legally entitled to do so...its her DAD's house.

Look...I am sorry to be so blunt on that particular issue...but I see so many people abusing elders when it comes to their property that it virtually sends me into orbit when I hear someone suggesting the kinds of things that you are suggesting. Luckily a judge would likely to view it the same way I do...particularly since your friend was the one who insisted on the change in ownership.

As far as insurance is concerned...it really depends on who gets the best, most economical coverage...and then it factors into the child support calculation...so both parents end up paying for it. Occasionally both parties are required to maintain coverage if its economical for both, because it benefits both. They have both primary and secondary coverage which generally eliminates most/almost all uncovered medical expense.

Certainly if one parent's plan requires a high payment for insurance and the other's plan is free or very low...the parent with the free or low payment is going to be required to carry the insurance. Or if one parent already is paying for a "family plan" and the additional children don't add additional cost that parent is going to be required to provide the coverage.