Divorce - complex situation

[legalseeker]

PA

Jim and mother owns house, Jim and Betty get married and live in house for 8 years. Both incure debt, Betty runs off to CA to another man, man says not interested, and Betty comes home. Betty wants to live on her own and gets apartment, they file banruptcy. Betty begs to come back. Stupid Jim takes her back.

Betty is wacko and attempts to slash wrist of Jim while sleeping. Jim gets treatment but does not file with police. Jim being fearful of Wacko Betty and can't bear living in the realtionship any longer moves out.

At some point in time, Jim takes out loan on house that was paid off to consolidate debt (home is in Jim and mothers name). Only Jim is paying down debt. Jim out of good will lets Betty stay in house until she finds another place. Jim gives small amounts of money. Jim and Jim's parents pay medical insurance after Betty looses job so exisitng debt that Jim has does not grow.

Betty pays no rent or utilties has boyfriend move into house owned by Jim and Jim's Mother. Betty lives like a queen while other family makes sacrafices. Jim has enough after 4 years of paying and 1.5 year after boy friend moves in and realizes it is time for a divorce.

Jim has name on one other property with his 2 bothers that was gifted before marriage.

Jim has paid out 4 years and feels that should be enought and Betty should move out and get an apartment with boyfried. Would a divorce court agree and does Jim have any legal action? What is the best way out of this mess. Oh by the way Betty keeps making demands, calling Jim at work and leaving notes on care say "you better or else".
Sorry for the long wind, but this is the context.

 

[LdiJ]

PA

Jim and mother owns house, Jim and Betty get married and live in house for 8 years. Both incure debt, Betty runs off to CA to another man, man says not interested, and Betty comes home. Betty wants to live on her own and gets apartment, they file banruptcy. Betty begs to come back. Stupid Jim takes her back.

Betty is wacko and attempts to slash wrist of Jim while sleeping. Jim gets treatment but does not file with police. Jim being fearful of Wacko Betty and can't bear living in the realtionship any longer moves out.

At some point in time, Jim takes out loan on house that was paid off to consolidate debt (home is in Jim and mothers name). Only Jim is paying down debt. Jim out of good will lets Betty stay in house until she finds another place. Jim gives small amounts of money. Jim and Jim's parents pay medical insurance after Betty looses job so exisitng debt that Jim has does not grow.

Betty pays no rent or utilties has boyfriend move into house owned by Jim and Jim's Mother. Betty lives like a queen while other family makes sacrafices. Jim has enough after 4 years of paying and 1.5 year after boy friend moves in and realizes it is time for a divorce.

Jim has name on one other property with his 2 bothers that was gifted before marriage.

Jim has paid out 4 years and feels that should be enought and Betty should move out and get an apartment with boyfried. Would a divorce court agree and does Jim have any legal action? What is the best way out of this mess. Oh by the way Betty keeps making demands, calling Jim at work and leaving notes on care say "you better or else".
Sorry for the long wind, but this is the context.

I think that Jim needs a good attorney NOW.

 

[legalseeker]

Ok maybe too much information above...

Is Betty entitled to any portion of the house that is and was in Jim and Jim's mothers name before marrige. It is very well possible Jims mother made most if not all the payments on the house?

And yes unfortunatly Jims mom signed off on a second mortagage to consolidate Jim and Bettys debt. Is Betty liable for half that debt?

Does Betty have any rights to the second property that was gifted to Jim and siblings?

Thanks in advance for any response.

 

[LdiJ]

Ok maybe too much information above...

Is Betty entitled to any portion of the house that is and was in Jim and Jim's mothers name before marrige. It is very well possible Jims mother made most if not all the payments on the house?

And yes unfortunatly Jims mom signed off on a second mortagage to consolidate Jim and Bettys debt. Is Betty liable for half that debt?

Does Betty have any rights to the second property that was gifted to Jim and siblings?

Thanks in advance for any response.

And I will repeat, Jim needs an attorney.

As to the issue of the marital home, its possible, likely probable that Betty has claim to a share of the equity that accrued during the marriage.....and no, Betty probably isn't liable for the debt that was covered by the second mortgage, except as it reduces her share in the equity of the property.

There is almost no chance that Betty has any rights to the second property that was gifted to Jim and siblings, unless Betty's name was included on the deed/paperwork.

In other words, this isn't simple and there are not simple answers. You will get the best answers from a local attorney who can actually read and review the paperwork involved.

 

[nextwife]

its possible, likely probable that Betty has claim to a share of the equity that accrued during the marriage.....and no, Betty probably isn't liable for the debt that was covered by the second mortgage, except as it reduces her share in the equity of the property.

If marital funds were not used to substantially improve or pay for the property, and it was owned (esp. owned F&C) prior to marriage, it is NOT "likely" that she is entitled to any share of the house. At most, she'd be possibly be entitled to a share of his share.

She may not be liable for the mortgage, but she is liable for her share of the marital debt that the mortgage represents. So he may be able to offset her share of any marital assets by assuming all the marital debt that is on the mortgage. THis was not a purchase money mortgage, it was a debt consolidation loan.

If he can show that marital debt was paid off from the proceeds, then, while he should and needs to be the "responsible party" for the mortgage payments, he can attempt to calculate her share of marital debt that the mortgage represents, and reduce her share of marital assets by assuming this much more of the marital debt.,