settlement

[janeg123]

What is the name of your state (only U.S. law)? Indiana
I was married 1 month ago. We dated for 2 years and bought home together 6mos ago. However, financed in his name only due to better interest rate. His parents placed downpayment as wedding present.

I moved from apt to our home.

Recently discovered fake email and facebook where he has been active on POF and craigslist the whole time we have been together. Active hook ups weekly with random women not one ongoing hook up. He refused counseling.

I sold everything to move in (dishes, furniture, etc).

If we divorce, can I ask for him to sale home and split equity?

If not sale, can I ask for straight cash settlement equal to half market value of home?

We have no children and no other assets together. I take my debt he takes his.

Thank you for your help.

 

[Proserpina]

What is the name of your state (only U.S. law)? Indiana
I was married 1 month ago. We dated for 2 years and bought home together 6mos ago. However, financed in his name only due to better interest rate. His parents placed downpayment as wedding present.

I moved from apt to our home.

Recently discovered fake email and facebook where he has been active on POF and craigslist the whole time we have been together. Active hook ups weekly with random women not one ongoing hook up. He refused counseling.

I sold everything to move in (dishes, furniture, etc).

If we divorce, can I ask for him to sale home and split equity?

If not sale, can I ask for straight cash settlement equal to half market value of home?

We have no children and no other assets together. I take my debt he takes his.

Thank you for your help.

No offense, but you're kidding right?

Exactly how much equity do you think this house has earned in a month?

Besides - it's in his name.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Indiana
I was married 1 month ago. We dated for 2 years and bought home together 6mos ago. However, financed in his name only due to better interest rate. His parents placed downpayment as wedding present.

I moved from apt to our home.

Recently discovered fake email and facebook where he has been active on POF and craigslist the whole time we have been together. Active hook ups weekly with random women not one ongoing hook up. He refused counseling.

I sold everything to move in (dishes, furniture, etc).

If we divorce, can I ask for him to sale home and split equity?

If not sale, can I ask for straight cash settlement equal to half market value of home?

We have no children and no other assets together. I take my debt he takes his.

Thank you for your help.

No and no.

You will be entitled to 1/2 of the marital equity in the home. Considering that he owned the home before you were married, you may not even get that. In any event, the marital equity is going to be close to zero.

You would be entitled to 1/2 of the value of any wedding gifts and/or things you purchased as a couple.

Divorce him and move on with your life.

 

[janeg123]

got it

Thank you for advice. I'll ask for funds for furniture so I don't sleep on the floor and write this off as a life lesson.

 

[Ohiogal]

Thank you for advice. I'll ask for funds for furniture so I don't sleep on the floor and write this off as a life lesson.

You are not entitled to funds for furniture.

 

[mistoffolees]

You are not entitled to funds for furniture.

No, but she can ask for it.

Although I'm having trouble understanding why she had to sell everything she owned when she got married. I must have missed that clause on our marriage license.

I guess the question is what they did with that money. If they used it for normal living expenses, it's gone. If, OTOH, they put it into a savings account and didn't touch it, it could be separate property and she might be able to recover some or all of it. So we'd need more detail, but my guess is that you are correct. The money was probably thrown into the pot with other household finances and is therefore gone.

 

[Bali Hai]

You are not entitled to funds for furniture.

But her mom told her that in the event of a divorce, being a woman, she could get everything she wanted.

 

[I'mTheFather]

Per her post, they bought the home together. Only the financing is in his name. Presumably, the house is in both their names.

 

[mistoffolees]

Per her post, they bought the home together. Only the financing is in his name. Presumably, the house is in both their names.

Good catch!

You are correct. If both names are on the title, then they each own 1/2 of the some, so OP could be entitled to 1/2 of the total equity.

 

[nextwife]

We don't know that her name is on title, sometimes people mean "we picked out the house together" when they say "we bought the house together". Either way, unless there was a large down payment, there is likely little equity.

Poster, how much EQUITY is there and how is the house titled?

 

[Bali Hai]

Per her post, they bought the home together. Only the financing is in his name. Presumably, the house is in both their names.

If this is the case, it was a stupid mistake on the part of the other spouse. Others should read this thread before doing anything similiarly foolish.