• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Not sure where to put this

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bristow

Junior Member
What is the name of your state? PA

I hope someone out there can help my Aunt. She remarried six years ago and is now in a nightmare. She had divorced after 22 years of marriage, and had come out with a tidy sum. She dated her current husband for awhile and then married him. He convinced her to put the home they built in his name , because of tax reasons - he was in the real estate business at the time and acted like he knew everything. My whole family was against her doing this , but she was used to her former husband making the financial decisions, and just went along with what he said. Soon after he left his job to write a book and has not worked in 6 years. During this time my aunt has paid all the bills on the home which only had a very small morgage. She opened an in home business, because she was a seamstress in the past, and purchased thousands and thousands of dollars of sewing and embroidery equipment. He was very pro this 6 years ago, because it meant more money. She has a business liscence and tax number, so the in home business is in her name. She also purchased a car and a truck back then, and also foolishly put them in his name, because he wanted them on his insurance carrier and told her it would be easier that way.
Over the years this man has become more and more controlling. He started limiting her contact with family members and not allowing visitors. I live on the west coast,but my parents live 3 hours from her and he made it very clear that he didn't want them to visit anymore. Well, my aunt came to visit me a month ago, and upon her return she found her home up for sale. Her spouse informed her 1) he is a realtor again 2) he has met someone else 3) he is selling "his" house 4) he has closed her business, since he won't allow anyone on the property anymore. He disconnected the phone line and had all mail sent to his relative's home. It took my aunt 4 trips to the post office and 2 weeks before she statred getting her mail again. After all these years she finally realizes who she is married to.Her savings is down to hardly anything anymore. She has since learned that this man has 30k dollars in credit cars debt-she is not on his cards. She has also learned that he has taken not 1 but 2 more morgages out on the home. He is constantly threatning to change the locks and kick her out of the house. She is afraid to stay in the home because of his threats, but she is also afraid to leave. She went to the police one day and was told just threatning her life was not enough, she actually had to be hit or beat up. When she returned that day she came home to him selling her personal belongings- clothes, perfume, etc. on the lawn in a make shift garage sale. My aunt has serious carpal tunnel from the sewing all these years, and needs help moving her things out of the home, but she is not sure where to go or what to do. Her husband told her he will not allow any friends, family or moving people in the home to help her. To make matters worse (if that is possible) he is not paying any of the bills on the home with these loans he has taken and now she refuses to do so also, because she realizes she has been conned. He is trying to gather as much money as possible to leave the area with his new lady friend. What will happen to my aunt? She went to a lawyer and they said file for divorce, but if he puts so much debt on the property will it be worth fighting for? Is there any way she can put a lien on the property to stop him from taking anymore debt out? If she decides to leave can he keep her belongings? All the furniture is hers and the business equipment. Can she be allowed help moving? Can he take her car? What about the threats on her life? She has been told by him that she can disappear, and know one will look at him, because he is much older than her and a respected member of the community.Is there anything out there that can be done? I know she must get a lawyer,but she will need a good one and she has no close friends or family in the immediate area to reccomend a good one. I am thinking about flying out from CA, but my husband works 2 jobs and I would have to bring my 3 kids with me , stay with my parents and drive 3 hours back and forth to be near her. Anybody out there PLEASE HELP!!
 


LdiJ

Senior Member
Your aunt needs to invite as many people to the house as possible, all at the same time, to help her move her belongings and to act as witnesses. They all need to just march in and take her things.
 

mistoffolees

Senior Member
What is the name of your state? PA

I hope someone out there can help my Aunt. She remarried six years ago and is now in a nightmare. She had divorced after 22 years of marriage, and had come out with a tidy sum. She dated her current husband for awhile and then married him. He convinced her to put the home they built in his name , because of tax reasons - he was in the real estate business at the time and acted like he knew everything. My whole family was against her doing this , but she was used to her former husband making the financial decisions, and just went along with what he said. Soon after he left his job to write a book and has not worked in 6 years. During this time my aunt has paid all the bills on the home which only had a very small morgage. She opened an in home business, because she was a seamstress in the past, and purchased thousands and thousands of dollars of sewing and embroidery equipment. He was very pro this 6 years ago, because it meant more money. She has a business liscence and tax number, so the in home business is in her name. She also purchased a car and a truck back then, and also foolishly put them in his name, because he wanted them on his insurance carrier and told her it would be easier that way.
Over the years this man has become more and more controlling. He started limiting her contact with family members and not allowing visitors. I live on the west coast,but my parents live 3 hours from her and he made it very clear that he didn't want them to visit anymore. Well, my aunt came to visit me a month ago, and upon her return she found her home up for sale. Her spouse informed her 1) he is a realtor again 2) he has met someone else 3) he is selling "his" house 4) he has closed her business, since he won't allow anyone on the property anymore. He disconnected the phone line and had all mail sent to his relative's home. It took my aunt 4 trips to the post office and 2 weeks before she statred getting her mail again. After all these years she finally realizes who she is married to.Her savings is down to hardly anything anymore. She has since learned that this man has 30k dollars in credit cars debt-she is not on his cards. She has also learned that he has taken not 1 but 2 more morgages out on the home. He is constantly threatning to change the locks and kick her out of the house. She is afraid to stay in the home because of his threats, but she is also afraid to leave. She went to the police one day and was told just threatning her life was not enough, she actually had to be hit or beat up. When she returned that day she came home to him selling her personal belongings- clothes, perfume, etc. on the lawn in a make shift garage sale. My aunt has serious carpal tunnel from the sewing all these years, and needs help moving her things out of the home, but she is not sure where to go or what to do. Her husband told her he will not allow any friends, family or moving people in the home to help her. To make matters worse (if that is possible) he is not paying any of the bills on the home with these loans he has taken and now she refuses to do so also, because she realizes she has been conned. He is trying to gather as much money as possible to leave the area with his new lady friend. What will happen to my aunt? She went to a lawyer and they said file for divorce, but if he puts so much debt on the property will it be worth fighting for? Is there any way she can put a lien on the property to stop him from taking anymore debt out? If she decides to leave can he keep her belongings? All the furniture is hers and the business equipment. Can she be allowed help moving? Can he take her car? What about the threats on her life? She has been told by him that she can disappear, and know one will look at him, because he is much older than her and a respected member of the community.Is there anything out there that can be done? I know she must get a lawyer,but she will need a good one and she has no close friends or family in the immediate area to reccomend a good one. I am thinking about flying out from CA, but my husband works 2 jobs and I would have to bring my 3 kids with me , stay with my parents and drive 3 hours back and forth to be near her. Anybody out there PLEASE HELP!!
She needs a good attorney and can't afford to waste one minute. He/She will need to file for an emergency hearing to prevent him from selling the house or her belongings. If she files for divorce at the same time, she can get an injunction preventing him from taking on any more marital debt or spending any marital property for anything but necessities.
 

bristow

Junior Member
to ldij

So if my aunt gets a bunch of us together, its o.k. to just march in and take her stuff? He says he will call the police and have anyone arrested for tresspassing. Can he do that, since she is the wife and lives there too? Also, can we take her sewing equipment since the business is hers and the business liscence in her name alone? Thanks for responding.
 

bristow

Junior Member
to mistoffolees

Thank you for responding! Any thoughts about how to find a really good attorney? The very few people she knows in the area don't know of any attorneys, and have told her to look in the phone book. I told her get lists from the computer and bar association,but the few that she contacted, told her an emergancy hearing could take as long as 4 weeks, Is that true can it really take that long, because once she files all hell wil break out in that house.
 

mistoffolees

Senior Member
Thank you for responding! Any thoughts about how to find a really good attorney? The very few people she knows in the area don't know of any attorneys, and have told her to look in the phone book. I told her get lists from the computer and bar association,but the few that she contacted, told her an emergancy hearing could take as long as 4 weeks, Is that true can it really take that long, because once she files all hell wil break out in that house.
I don't know how long it will take. I would imagine that it will take longer if the issue is temporary possession of the home than if the issue is a restraining order to protect your life. When you talk to your attorney, ask what steps you should take when 'all hell breaks loose'. For starters, if there's any threat of violence, call 911.

I don't know any magic method to find a good attorney. I found mine on the recommendation of a friend. If I hadn't had that option, I'd probably have used the phone book, as well. There's also a place on this site to help find an attorney.
 

LdiJ

Senior Member
So if my aunt gets a bunch of us together, its o.k. to just march in and take her stuff? He says he will call the police and have anyone arrested for tresspassing. Can he do that, since she is the wife and lives there too? Also, can we take her sewing equipment since the business is hers and the business liscence in her name alone? Thanks for responding.
As long as there is no violence, as long as none of you so much as touch him or even attempt to defend yourselves against him should he touch you, no he cannot have you arrested. Its the marital home, she has just as many rights as he has.

In fact, your aunt could also call the police and ask for a civil standby so that she can get her belongings out of the house.
 

bristow

Junior Member
update and more questions

Hi, I wanted to give and update on the situation and ask more questions. She has found a lawyer and filed for divorce. I am not sure if this lawyer is good or not. He told her he would try to stop him from adding more debt to the marital home, but could not garuntee it, because he could do it behind the courts back and they wouldn't find out? I do not understand this, can someone explain please? Isn't this injunction like a lien, and also wouldn't he be in contempt of court if he did this? Also, she has heard several diffrent things from lawyers about "equitable distrabution". She paid the bills for 6 years, with her money but he had it put in their joint account each month and he signed the checks. How will the court research the money trail? Her lawyer told her to stay put in the family home unless there is violence and call 911 if there is. He said he can throw her out if he wants to, and they would have to go to court for her to get back in? He said she would have to prove these threats , and verbal threats aren't good enough unless there are witness- he does not threaten her in front of witnesses. The lawyer told her to reopen her business ASAP, because he is depriving her of her lively hood. Her husband has put the home up for sale, or rent so were does that leave her if someone rents it? The lawyer told her tenants will have more rights to the house than she does. How does this make sense, since she is the wife- even if the home is not in her name? Also, the lawyer said if God forbid he passes away before court, she may not be entitiled to anything. Once again, I am in CA and I do not underastand PA law, if my husband died with or without a will, the spouse is always the first in line. Her lawyer said if they go to court she could end up being forced to pay half of the bills, but may not get half of the house. Can someone please answer any of this for me? THANKS!
 

mistoffolees

Senior Member
Hi, I wanted to give and update on the situation and ask more questions. She has found a lawyer and filed for divorce. I am not sure if this lawyer is good or not. He told her he would try to stop him from adding more debt to the marital home, but could not garuntee it, because he could do it behind the courts back and they wouldn't find out? I do not understand this, can someone explain please? Isn't this injunction like a lien, and also wouldn't he be in contempt of court if he did this? Also, she has heard several diffrent things from lawyers about "equitable distrabution". She paid the bills for 6 years, with her money but he had it put in their joint account each month and he signed the checks. How will the court research the money trail? Her lawyer told her to stay put in the family home unless there is violence and call 911 if there is. He said he can throw her out if he wants to, and they would have to go to court for her to get back in? He said she would have to prove these threats , and verbal threats aren't good enough unless there are witness- he does not threaten her in front of witnesses. The lawyer told her to reopen her business ASAP, because he is depriving her of her lively hood. Her husband has put the home up for sale, or rent so were does that leave her if someone rents it? The lawyer told her tenants will have more rights to the house than she does. How does this make sense, since she is the wife- even if the home is not in her name? Also, the lawyer said if God forbid he passes away before court, she may not be entitiled to anything. Once again, I am in CA and I do not underastand PA law, if my husband died with or without a will, the spouse is always the first in line. Her lawyer said if they go to court she could end up being forced to pay half of the bills, but may not get half of the house. Can someone please answer any of this for me? THANKS!
As for adding debt to the house, he can probably get away with that (although a lender should ask for both signatures if she is on the title), but when they settle amounts, she will not be charged for any debt he incurred after the divorce was filed.

She needs to straighten this all out with her attorney. She has rights to half of the marital portion of all assets. Technically, he can't sell the house unless she agrees and the proceeds go into an escrow account. I don't know if he can rent it, but she is entitled to half of the rent money.

If her attorney is saying that she will get half of the bills, but not get half of the house if he dies before the divorce is final, there's something odd going on - which is why it is better for third parties not to post here. For that to be true, there must be some facts missing.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top