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demanding home equity funds

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tam78

Junior Member
What is the name of your state (only U.S. law)? NJ. my husband of 26 years desserted me in 12/09,due to his addiction to pain meds. I couldnt take the mental and verbal abuse anymore and I confronted him on his addiction and also him selling pills.he has a prior history of addiction in 1998 that caused us bankruptcy. he went to live with a 26 year old couple. he currently collects SSDI/unemployment. we tried to reconcile, he went to rehab for 4 hours. yesterday I received a letter from an attorney demanding I get a large amount of money out of our home equity account for his cost of living. he sleeps on a couch. he is deathly ill at this time due to cancer,diabetes,bipolar and pain med addiction. My salary and other bank accounts arent doable. this couple is claiming that he owe him this money. I have been paying for everything in our home since 12/09 and even prior to that as he lost his job due to being high. can the courts make me go into more debt because he choice to leave? he recently sold his car I bought him for cash. this couple is going bankrupt and have harrassed me at work and home and I had a temp.restraining order back in dec. which a judge lifted as he didnt believe me that my husband threatened to kill us both so no one gets the house.
 


And since last year you haven't filed for divorce???????? As for the so called "demand letter", I'd laugh my head off as I tore it to shreds and threw it in the trash!!!
 

tam78

Junior Member
why file for divorce if he is deathly ill? which his drs.told me his recently, I would have to buy him out then be stuck with that debt and the couple would walk away with alot of money.
 

tam78

Junior Member
no life insurance on either one of us!!!!!!!!! also, the couple free and willingly took him in, he isnt on a lease. his income is enough for food and medications.
he has been fine for 10 months, its now the couple dont have money, they dont want to work..they all sit around playing games,popping pills..and Im going to fund that? I work everyday, I do the chores, I have my own medical problems (2x cancer survivor) get it?? so again, my question is, can the courts demand me to go into further debt for their lifestyles? when if fact he has enough income to survive.(I had previously offered food cards,but he declined) said the couple take care of him fine. the girl herself has 25,000 in bank account but they dont want to use that
 

LdiJ

Senior Member
no life insurance on either one of us!!!!!!!!! also, the couple free and willingly took him in, he isnt on a lease. his income is enough for food and medications.
he has been fine for 10 months, its now the couple dont have money, they dont want to work..they all sit around playing games,popping pills..and Im going to fund that? I work everyday, I do the chores, I have my own medical problems (2x cancer survivor) get it?? so again, my question is, can the courts demand me to go into further debt for their lifestyles? when if fact he has enough income to survive.(I had previously offered food cards,but he declined) said the couple take care of him fine. the girl herself has 25,000 in bank account but they dont want to use that
If he files for divorce or legal separation, then eventually you would have to divide the marital assets. If there is any equity in your home that might mean taking money out of a home equity account to buy out his share of the home. You also might have to pay him some alimony as well, depending on how much you earn.

However, as someone else said, you are completely free to disregard that letter that you got from an attorney. You certainly do not have to take any money out of your home equity account until such time as a judge orders you to give him his share of the marital assets, assuming that there are any.
 

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