Uncontested Divorce and Home Equity

[diem90]

What is the name of your state (only U.S. law)?
Texas

My dad filed for a uncontested divorce a few months ago and is awaiting processing by the court.
The terms of the uncontested divorce did not state anything about a equity granted to my dad's spouse. Can she still attempt to take out money against the equity of our home even though she signed a uncontested divorce that did not state she would do so?

 

[Antigone*]

What is the name of your state (only U.S. law)?
Texas

My dad filed for a uncontested divorce a few months ago and is awaiting processing by the court.
The terms of the uncontested divorce did not state anything about a equity granted to my dad's spouse. Can she still attempt to take out money against the equity of our home even though she signed a uncontested divorce that did not state she would do so?

The terms of the divorce are between your father and his spouse. There are too many variables and spreading your dad's business on the web may not be the direction he'd like to take this.

 

[Zigner]

Please don't start multiple threads on the same matter.

 

[diem90]

Thanks

He is asking me to help him seek advice. No identity is given in my profile or this post.

Thanks for your "help."

Any other people can give a helpful take on this?

 

[diem90]

2 separate topics

Two separate topics in question.
One is pertaining to Military benefits and military law, this post is pertaining to family/home law.

Therefore seeking the professional opinion of two different types of law.

 

[Zigner]

Two separate topics in question.
One is pertaining to Military benefits and military law, this post is pertaining to family/home law.

Therefore seeking the professional opinion of two different types of law.

Fine - help your dad by paying for an attorney for him.


Or, better yet, since this is relating to two different areas of law, pay for two attorneys!

 

[diem90]

Attorneys

Before attorney's get involved wouldn't it be smart to find out if this is a battle worth fighting?

This is therefore my calling for professional opinion to determine if these areas in question are worth fighting.

If you don't have any advice and the only advice you can give is a generic, "you should get an attorney," please cease to respond as these posts are meant to be replied to from attorneys and/or law professionals on this site. You don't seem to know much about what I am asking and it is only frustrating to cloud the whole point of this thread and the reason the site "freeadvice.com." Granted your advice is "get an attorney" I am quite sure I can attain better advice than just that.

No offense intended.

 

[Zigner]

Before attorney's get involved wouldn't it be smart to find out if this is a battle worth fighting?

This is therefore my calling for professional opinion to determine if these areas in question are worth fighting.

If you don't have any advice and the only advice you can give is a generic, "you should get an attorney," please cease to respond as these posts are meant to be replied to from attorneys and/or law professionals on this site. You don't seem to know much about what I am asking and it is only frustrating to cloud the whole point of this thread and the reason the site "freeadvice.com." Granted your advice is "get an attorney" I am quite sure I can attain better advice than just that.

No offense intended.

You are mistaken:

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[Antigone*]

Before attorney's get involved wouldn't it be smart to find out if this is a battle worth fighting?

This is therefore my calling for professional opinion to determine if these areas in question are worth fighting.

If you don't have any advice and the only advice you can give is a generic, "you should get an attorney," please cease to respond as these posts are meant to be replied to from attorneys and/or law professionals on this site. You don't seem to know much about what I am asking and it is only frustrating to cloud the whole point of this thread and the reason the site "freeadvice.com." Granted your advice is "get an attorney" I am quite sure I can attain better advice than just that.

No offense intended.

Ok, here is your answer.

Your dad should sue this lady for all she's got and then some.

Seeing as we don't have all the vital information we need to give you an educated answer, we'll just stop wasting time and give you the answer you want.

tigi- out

 

[tranquility]

Before attorney's get involved wouldn't it be smart to find out if this is a battle worth fighting?

This is therefore my calling for professional opinion to determine if these areas in question are worth fighting.

If you don't have any advice and the only advice you can give is a generic, "you should get an attorney," please cease to respond as these posts are meant to be replied to from attorneys and/or law professionals on this site. You don't seem to know much about what I am asking and it is only frustrating to cloud the whole point of this thread and the reason the site "freeadvice.com." Granted your advice is "get an attorney" I am quite sure I can attain better advice than just that.

No offense intended.

He DID give you advice, don't start multiple threads for the same topic. I know you have different areas of the law involved and I know you think they are totally different. But, having been around here a while, we find that people tend to have wildly varying fact scenarios being thought about and some answer one question with assumptions based on the other while others just focus on one to the exclusion to the other and we all just get to spin our wheels while putting out a little free effort for others. So, take zigner's advice and keep your questions in one thread. It is the BEST way to get the BEST answer from the volunteers here.

 

[diem90]

Information

What information is missing to receive valuable advice then?

 

[LdiJ]

What information is missing to receive valuable advice then?

The whole story...the details.

Look, the reality of things is that when people in the US divorce, normally each party is entitled to 1/2 of the marital assets and each party is responsible for 1/2 of the marital debts. There can be exeptions to that, based on different laws in different states, but most of the time those exemptions have nothing to do with who was the "bad guy" in the divorce.

You are too involved and invested in your parent's divorce.

 

[diem90]

Noted

Thank you again, LdiJ

I dont expect they will be splitting 50-50 since she is basically up and leaving everything behind. I guess it enforces my expectation that demands will be met if required. I guess the whole point of my question is can a request/demand be made post-signing of divorce paperwork? Just as contract law is, I know one cannot expect to make a demand after a contact is signed, is this the same for family law?

Believe me, I have felt my dad has taken his divorce and marriage problems with me a little far at times but he is a good person and a good parent. I have just tried to support him the best I can as he has done for me. If I can pass him a little knowledge to protect his interests and mine, it goes a long way.

 

[Antigone*]

The whole story...the details.

Look, the reality of things is that when people in the US divorce, normally each party is entitled to 1/2 of the marital assets and each party is responsible for 1/2 of the marital debts. There can be exeptions to that, based on different laws in different states, but most of the time those exemptions have nothing to do with who was the "bad guy" in the divorce.

You are too involved and invested in your parent's divorce.

One more thing: "the details" according to you are skewed and unverifiable so again, we'd be wasting our time.

 

[stealth2]

What information is missing to receive valuable advice then?

Well... the exact wording of the property settlement would help. Pesky details like that...