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Mental anguish....HELP!

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Co9ml

Junior Member
What is the name of your state? North Carolina
the last 8 years of my marriage has been pure hell. I had my wife put out of the home about 3 wks ago with a 50B. Over the lasy 8 years she has threatened to kill me, or main me, or mess up my job. She has accused me of every woman but my sister. I was not allowed to go anywhere without her. She would start arguments EVERYDAY!all the times I told her I wasn't happy or where I needed to be in life, she would just tell me she wasn't going anywhere. The home we lived in, my grandparents gave me the land, and I bought the doublewide before I met her. I finished paying the home off after 5 years of marriage to her. She is asking for $37k, half of what my home is worth, and most of the stuff on the inside. plus wants me to pay for all the debts. She claims I was having an affair with a friend and co-worker of mine, but my wife never let me be alone. Is she intitled to half my home? Even when I got it before I met her? Can I sue her for mental anguish? and if I can what proof do I need?
 


LdiJ

LdiJ

Senior Member
Co9ml said:
What is the name of your state? North Carolina
the last 8 years of my marriage has been pure hell. I had my wife put out of the home about 3 wks ago with a 50B. Over the lasy 8 years she has threatened to kill me, or main me, or mess up my job. She has accused me of every woman but my sister. I was not allowed to go anywhere without her. She would start arguments EVERYDAY!all the times I told her I wasn't happy or where I needed to be in life, she would just tell me she wasn't going anywhere. The home we lived in, my grandparents gave me the land, and I bought the doublewide before I met her. I finished paying the home off after 5 years of marriage to her. She is asking for $37k, half of what my home is worth, and most of the stuff on the inside. plus wants me to pay for all the debts. She claims I was having an affair with a friend and co-worker of mine, but my wife never let me be alone. Is she intitled to half my home? Even when I got it before I met her? Can I sue her for mental anguish? and if I can what proof do I need?
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She is entitled to 1/2 of the equity in the home that accrued during the marriage.

She is also entitled to 1/2 of any other assets that accrued during the marriage and she is absolutely responsible for 1/2 of the debts as well. You might offer to keep all of the debts to offset some of the equity in the home, or to offset other assets.
 
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Co9ml

Junior Member
what do you mean by to 1/2 of the equity? The price of what the home is worth now? Or just what was put into the home in the last 20 years? What is the best way to determine the equity in the home? And thank you for contacting me back.
 
Just Blue

Just Blue

Senior Member
Co9ml said:
what do you mean by to 1/2 of the equity? The price of what the home is worth now? Or just what was put into the home in the last 20 years? What is the best way to determine the equity in the home? And thank you for contacting me back.
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Have an appraisal done. If the home has a 100k mtg and it appraises at 300k then your wife is entitled to 100k.
 
C

Co9ml

Junior Member
the home is paid for. Original cost was $18,000. Which I paid every payment. I owed half that when I met her. The tax value of the home is $55,000. But the land was given to me by my grandparents, and that is a part of the $55,000 value.
 
LdiJ

LdiJ

Senior Member
Co9ml said:
what do you mean by to 1/2 of the equity? The price of what the home is worth now? Or just what was put into the home in the last 20 years? What is the best way to determine the equity in the home? And thank you for contacting me back.
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Example:

Home was worth 25k when you bought it. The home was worth 30k when you got married and had a mortgage of 10k, leaving 20k equity.

The house is worth 75k now, with no mortgage, so the house has 75k equity.

75k minus the 20k equity that you had when you got married is 55k. Her half of 55k is 27.5k.
 
C

Co9ml

Junior Member
how about how she treated me through out the marriage? I had a 50B put on her 3 weeks ago. She threatened to kill me, burn me alive in my car, and trashed the house throwing objects at me. Not the first time. She was always threating me and putting me down. For years I have had to listen to her tell me how she'll ruin me or just kill me. Anytime I asked for a divorce she would say she would kill her self, or just kill me, and tell me how she wished I would just die. Can I not get anything for that? Can that not lower the price on what I have to give her? I have had to live like this for the last 8 years, in fear of being hurt or worse. I am now in fear still.
 
I

Isis1

Senior Member
Co9ml said:
how about how she treated me through out the marriage? I had a 50B put on her 3 weeks ago. She threatened to kill me, burn me alive in my car, and trashed the house throwing objects at me. Not the first time. She was always threating me and putting me down. For years I have had to listen to her tell me how she'll ruin me or just kill me. Anytime I asked for a divorce she would say she would kill her self, or just kill me, and tell me how she wished I would just die. Can I not get anything for that? Can that not lower the price on what I have to give her? I have had to live like this for the last 8 years, in fear of being hurt or worse. I am now in fear still.
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look, i'm going to tell you the same thing i would tell a woman. if you really feared for your life, then you would have left. you would have filed a police report, each and every time. how many police reports did you file?
 
LdiJ

LdiJ

Senior Member
Co9ml said:
how about how she treated me through out the marriage? I had a 50B put on her 3 weeks ago. She threatened to kill me, burn me alive in my car, and trashed the house throwing objects at me. Not the first time. She was always threating me and putting me down. For years I have had to listen to her tell me how she'll ruin me or just kill me. Anytime I asked for a divorce she would say she would kill her self, or just kill me, and tell me how she wished I would just die. Can I not get anything for that? Can that not lower the price on what I have to give her? I have had to live like this for the last 8 years, in fear of being hurt or worse. I am now in fear still.
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What can you prove with hard, cold evidence? You have been married for 20 years.
 
C

Co9ml

Junior Member
it wasn't bad the whole 20 years, just the last 8, and even worse the last 5 years. All I have is a few journal entries I made in the last 4 or 5 years. And what others have seen or noticed. I don't think I should have to give her $37k, when I only paid $18k for the place. And I had it before I met her to top it all off. My grandparents and my parents lived on that land, I grew up there. Why should she be entitled to half of all of it? Why not just the house it self?
 
LdiJ

LdiJ

Senior Member
Co9ml said:
it wasn't bad the whole 20 years, just the last 8, and even worse the last 5 years. All I have is a few journal entries I made in the last 4 or 5 years. And what others have seen or noticed. I don't think I should have to give her $37k, when I only paid $18k for the place. And I had it before I met her to top it all off. My grandparents and my parents lived on that land, I grew up there. Why should she be entitled to half of all of it? Why not just the house it self?
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Your regular income is marital income. You paid the maintenance and property taxes on the land with marital income. That's makes the land appreciation, marital property.

So, again, you deduct the value of the land and the equity in the home from the date that you got married, from the total equity in the land and home today, before determining what is to be split.
 
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