A few divorce questions

[terryeaton]

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

HI, I have a few questions about divorce.

I'm thinking of leaving my second wife. I have two children but they are from my previous marraige, so there won't be any issues there that I know of.

The house is COMPLETELY in her name (which she has repeatedly threatened to kick me and my kids out of every time we fight), and so is my automobile (which she has repeatedly threatened to take away from me every time we fight).

1) Is she able to legally make me leave our home, since she's the only person on the title and loan?

2) If we divorce, will I be legally responsible for continuing to pay on the house, same question for the car.

3) I've read that I'm entitle to 1/2 her 401k - is that true even of amounts she had in there before we married?

Thanks

 

[Proserpina]

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

HI, I have a few questions about divorce.

I'm thinking of leaving my second wife. I have two children but they are from my previous marraige, so there won't be any issues there that I know of.

The house is COMPLETELY in her name (which she has repeatedly threatened to kick me and my kids out of every time we fight), and so is my automobile (which she has repeatedly threatened to take away from me every time we fight).

1) Is she able to legally make me leave our home, since she's the only person on the title and loan?

Yes. Of course she can. Granted, she'll need to follow legal steps in order to do so, but you have no right to stay there unless granted permission .

2) If we divorce, will I be legally responsible for continuing to pay on the house, same question for the car.

If your name is on the mortgage and the car loan, then yes.

3) I've read that I'm entitle to 1/2 her 401k - is that true even of amounts she had in there before we married?

Thanks

Someone else will answer that for you.

You probably wouldn't like my response.

 

[terryeaton]

Yes. Of course she can. Granted, she'll need to follow legal steps in order to do so, but you have no right to stay there unless granted permission .

Can someone else verify that? I DID mention we are married right, and have been for years?

If your name is on the mortgage and the car loan, then yes.

I'm not on either - so, you're saying I have no responsibility on the house or car?
Someone else will answer that for you.

You probably wouldn't like my response.

Why do you say that? Go ahead, I'm not here for a respon I'll "like" I'm here for the truth. Or are you referring that you are a bitter woman who will spew out a bunch of man-hating crap at me? If so, would you feel the same if the genders were reversed?

Anyone else?

 

[Proserpina]

Can someone else verify that? I DID mention we are married right, and have been for years?

Well, I could put on a hula skirt and repeat it to you. Does that work?

Seriously, you have no rights to stay in the home. Marriage doesn't save you from being evicted. You would be entitled to half the equity gained during the marriage, but that's it.

 

[Proserpina]

Can someone else verify that? I DID mention we are married right, and have been for years?



I'm not on either - so, you're saying I have no responsibility on the house or car?
Someone else will answer that for you.



Why do you say that? Go ahead, I'm not here for a respon I'll "like" I'm here for the truth. Or are you referring that you are a bitter woman who will spew out a bunch of man-hating crap at me? If so, would you feel the same if the genders were reversed?

Anyone else?

Oh generally? If you were a woman (and I'm only guessing that you're not), she just might receive a harsher treatment.

That works, yeah?

 

[single317dad]

You would be entitled to half the equity gained during the marriage, but that's it.

Maybe. Depending on the length of the marriage and the contributions prior to the marriage versus during the marriage, a judge could decide the house is separate rather than community property. Same with the 401(k).

Seriously, you have no rights to stay in the home. Marriage doesn't save you from being evicted.

While you're technically right (the best kind of right), I don't want OP to get the impression he has to pack up the kids and leave just because his wife says "get out!" She'd have to either ask for exclusive possession pending a divorce or go through the legal eviction process separately (since OP has implied that this is indeed the marital home). Depending on circumstances, there's actually a slim (to none) chance OP could get temporary possession during the divorce proceedings.

Or are you referring that you are a bitter woman who will spew out a bunch of man-hating crap at me? If so, would you feel the same if the genders were reversed?

That's not how it works here. You'll get close to the same answers here no matter who answers your questions. This board has been accused of being pro-man, pro-woman, pro- and anti-grandparent, pro- and anti-PAS, pro- and anti-adoption, and pro- and anti-TPR. You get what you take away from the experience here; don't let your emotions cloud your vision.

 

[stealth2]

Can someone else verify that? I DID mention we are married right, and have been for years?



I'm not on either - so, you're saying I have no responsibility on the house or car?
Someone else will answer that for you.



Why do you say that? Go ahead, I'm not here for a respon I'll "like" I'm here for the truth. Or are you referring that you are a bitter woman who will spew out a bunch of man-hating crap at me? If so, would you feel the same if the genders were reversed?

Anyone else?

I was going to help you, but after that last idiocy? Go pay a lawyer.

 

[terryeaton]

That's not how it works here. You'll get close to the same answers here no matter who answers your questions. This board has been accused of being pro-man, pro-woman, pro- and anti-grandparent, pro- and anti-PAS, pro- and anti-adoption, and pro- and anti-TPR. You get what you take away from the experience here; don't let your emotions cloud your vision.

What board are you talking about? Not this one. At least not what i've seen. All I've seen is people post stuff, and they get back alot of rude, arrogant answers usually, then once in a while, they'll get someone like you who's actually knowledagle and nice that replies.

Thanks

 

[Silverplum]

What board are you talking about? Not this one. At least not what i've seen. All I've seen is people post stuff, and they get back alot of rude, arrogant answers usually, then once in a while, they'll get someone like you who's actually knowledagle and nice that replies.

Thanks

You have already been invited to hire an attorney. That way, you will only hear one point of view.

 

[Silverplum]

That's not how it works here. You'll get close to the same answers here no matter who answers your questions. This board has been accused of being pro-man, pro-woman, pro- and anti-grandparent, pro- and anti-PAS, pro- and anti-adoption, and pro- and anti-TPR. You get what you take away from the experience here; don't let your emotions cloud your vision.

I'm pro-child, pro-both parents, anti-GPV, totally believe in PA (no "S" for me), pro- or anti-adoption/TPR (depending upon the facts), and quite anti-move away.

 

[stealth2]

What board are you talking about? Not this one. At least not what i've seen. All I've seen is people post stuff, and they get back alot of rude, arrogant answers usually, then once in a while, they'll get someone like you who's actually knowledagle and nice that replies.

Thanks

Go away, and pay a lawyer.

 

[Proserpina]

Maybe. Depending on the length of the marriage and the contributions prior to the marriage versus during the marriage, a judge could decide the house is separate rather than community property. Same with the 401(k).

Either way though, he's going to be moving. And if his wife has received even half of his nasty attitude, I'd expect her to fight tooth and nail with a demon attorney on board.

While you're technically right (the best kind of right), I don't want OP to get the impression he has to pack up the kids and leave just because his wife says "get out!" She'd have to either ask for exclusive possession pending a divorce or go through the legal eviction process separately (since OP has implied that this is indeed the marital home). Depending on circumstances, there's actually a slim (to none) chance OP could get temporary possession during the divorce proceedings.

Temporary though. I don't want to give him the impression that he's going to be living there forever

That's not how it works here. You'll get close to the same answers here no matter who answers your questions. This board has been accused of being pro-man, pro-woman, pro- and anti-grandparent, pro- and anti-PAS, pro- and anti-adoption, and pro- and anti-TPR. You get what you take away from the experience here; don't let your emotions cloud your vision.

He hasn't even seen me spew. Few have.

(Frankly though I have neither the time nor the inclination to respond further to the Spewmeister himself)

 

[single317dad]

I'm pro-child, pro-both parents, anti-GPV, totally believe in PA (no "S" for me), pro- or anti-adoption/TPR (depending upon the facts), and quite anti-move away.

Oh yeah, forgot the move aways!

 

[Silverplum]

...the Spewmeister...

I approve this new (it's new, right? New to me!) word!!!

 

[Bali Hai]

I approve this new (it's new, right? New to me!) word!!!

OP, you have the legal right to occupy the marital residence until a lawful ruling by a judge in your state says otherwise. Expect at some point to be extracted.