Divorce, can I loose my home..etc...was mine when married....more questions, what to

[andaas]

We have been married 8 years, Florida. I Owned my own home before we got married. He moved into my home. I have since refinanced. He's on the morgage now, not the deed. We have separate checking and everything always have as his credit is bad and mine is very good. No pre-nup. Have MY daughter that will be 18 in January 01. I have paid off his depts and rolled them into the mortgage in the past about 22,000. I have paid off other depts of his with my credit cards, about 12,000. ( all cards are in my name only ) If I was to divorce him, would I be forced to sell my home of 23 years if he wanted me too? Can I get my money I paid for him back? How? What should I do in advance if anything?
Should I stay cool, bide my time, play goodie goodie untill I can get things in order to protect my home...etc.. and get my money back so that I am able to support myself? As it is now, It's more than I can handle alone with my self-employed Janitorial Service of 18 years. I pay all the morgage payments with my checks that are in my name only, he's not on them. I do have one savings, not much in it, with his name on it so that he can make deposits to my bank or cash a check at my bank if it's close by. Should I take him off that account? I am sooooo scared, what must I do
to protect what I have from this man? Seems all he cares about is money, particularly HIS> He is earning money, paying his bills off, and maybe, maybe, giving me what's left. ( In the meantime, I need to keep my credit up, so I borrow on my cards to pay bills that are in my name, and wait to see if and when he pays me so that I can re-emburse myself. ) Then he lies and says it's all business and it's no business of mine what he makes. He is an electrician, self-employed, so it's hard to say what he makes, even if I had to prove it in court.
I claim about 10-15,000 per year but with alot of write offs lately as he didn't want to go out helping me work 3 evenings per week,
1 1/2 hrs. a night, so I dropped alot of accounts. Now this.
He will say he's done alot of work to the house, fans...etc... and he built on a room. I appreciate that, I really do. BUT I paid for all of it , in fact everything in our home I paid for even if he did in some areas fix or build something.
He says his time is his payment. Well, I bring in an income, and yet I clean, do the lawn, homeschool my daughter, grocery shop...etc.... and that is work too. He just doesn't consider it work as I don't work 9 -5. So what, I bring in about 300 per week. What can I do in advance to make sure I get my money back from him back and that he can't take my home? What about alimony? How does that work and what must I prove to get it and how much I would get? anyone that can help, I could use advise. Please! I am a Christian woman and this is killing me.
He says he's a Christian, but at home, I don't see it. He lies to me!
I'm not perfect, but I've gotten myself into a mess. I don't even believe in getting divorced and really don't want to. But, If things get to bad, I need to know in advance what I need to do and be keeping track of.

In Christ,
Linda

 

[Elliotg]

As you owned the property before the marriage, you should be able to claim a special equity in it. Additionally, as you took the mortgage out to pay off his debts, you should be able to have the court order him to assume at least part of that debt.

Generally, under Florida statutes the obligation for paying attorney fees falls on the spouse who is best able to pay. In other words, if your husband has significantly more income, then he maybe held legally liable for your attorney's fees, or at least a portion thereof.

You should schedule a formal consultation with a  lawyer.  A good means of obtaining an attorney referral is by contacting the Florida Bar Association or the local county bar association.    They probably have a web site and charge a nominal fee for the referral.  Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.  Do not rely on this information. Seek a formal consultation with an attorney.

 

[andaas]

what is "special equity"?

what is special equity in the home mean? Do you think he might be able to have an attorney force me to sell the home and split the equity? I sure hope not.

Also, I can get the "loan" papers of his that I paid off and added into the morgage. It shows it was his personal busniness loans. Shouldn't he have to pay all of it back to me?


I paid from my checking a full 6,000 for his work vehicle, an ambulance he uses for electrical work.
Will the canceled check be good to prove I paid for it and get full re-embursement?

thank you for your info.

Linda

 

[Elliotg]

Means that the the property should not be divided. In otherwords, he should not get any interest in the house.

You should really consult with an attorney.