Wealthy wife is Cheating

[Bali Hai Again]

The Silicon Valley executive is probably love-sick and needs her own attorney to stop her from giving the uncle everything. Easy come, easy go.

 

[Susie_B]

Everybody thanks so much for the help. He is 65 years old wife is 50. None of them have been working since wife is an affluent person. And I was wrong he did sign a Prenup agreement where all assets or property would remain separated. Its also says that if they divorce he will no get any support from her and that any changes to the PNA must be done in writing.

Now this is where it gets tricky, 6 years ago they bought together a smaller home and move there and wife decided to rent her original home, the larger one, where they were living. Two years later wife decided that the home they bought together was too small. Told my uncle that it was best to rent it. Then with her own money, wife decided to get a larger home an bought another one for them to live. But for her to get a loan for the 3rd home, where they are now living, she put as collateral the first large home and the second smaller home, which my uncle is also owner.
Two years later wife was able to sell her first home, the large one, and was able to fully paid for the 3rd home.
And now she wants my uncle out of the 3rd home, which is all he had known. Doesn't my uncle own part of that 3rd home since she used the smaller home as collateral, which my uncle is also owner, to be able to get the loan and buy the third home?

 

[Susie_B]

Did I miss the actual age of the uncle? Inquiring minds want to know. And of course, how far into "been together" did the marriage actually occur which is going to be of paramount importance? I am gathering that the uncle is not wanting the divorce, is just wishing they could do business as usual. He has sort of been a "kept guy" and I guess that's a pretty nice set up if you can get it. He has living parents, and she's paying for medical insurance, so he's probably not Medicare age, not computer literate, hasn't worked in years...... I think an attorney is going to be happy to see him.

My uncle is 65 and she is 50. Before that they dated and lived together for about 6 years. In total like 21 years together.

 

[Zigner]

And I was wrong he did sign a Prenup agreement ...

This is a great example of why many responders prefer to deal with the actual party(ies) involved in the matter. They will often have information that a 3rd party, no matter how well-meaning, is simply not privy to. Your uncle will want to speak to an attorney, plain and simple.

 

[Susie_B]

I agree, with the caveat that we don't know if "together for 15 years" means they've actually been married that entire time.

15 years married and 21 together.

 

[Susie_B]

Not necessarily - we don't know that they've been married that long.

ETA: Was a pre-nup signed?

Married for 15 years and he did sign a PNA

 

[LdiJ]

Everybody thanks so much for the help. He is 65 years old wife is 50. None of them have been working since wife is an affluent person. And I was wrong he did sign a Prenup agreement where all assets or property would remain separated. Its also says that if they divorce he will no get any support from her and that any changes to the PNA must be done in writing.

Now this is where it gets tricky, 6 years ago they bought together a smaller home and move there and wife decided to rent her original home, the larger one, where they were living. Two years later wife decided that the home they bought together was too small. Told my uncle that it was best to rent it. Then with her own money, wife decided to get a larger home an bought another one for them to live. But for her to get a loan for the 3rd home, where they are now living, she put as collateral the first large home and the second smaller home, which my uncle is also owner.
Two years later wife was able to sell her first home, the large one, and was able to fully paid for the 3rd home.
And now she wants my uncle out of the 3rd home, which is all he had known. Doesn't my uncle own part of that 3rd home since she used the smaller home as collateral, which my uncle is also owner, to be able to get the loan and buy the third home?

Again, you uncle needs to consult a local attorney.

 

[Bali Hai Again]

Everybody thanks so much for the help. He is 65 years old wife is 50. None of them have been working since wife is an affluent person. And I was wrong he did sign a Prenup agreement where all assets or property would remain separated. Its also says that if they divorce he will no get any support from her and that any changes to the PNA must be done in writing.

Now this is where it gets tricky, 6 years ago they bought together a smaller home and move there and wife decided to rent her original home, the larger one, where they were living. Two years later wife decided that the home they bought together was too small. Told my uncle that it was best to rent it. Then with her own money, wife decided to get a larger home an bought another one for them to live. But for her to get a loan for the 3rd home, where they are now living, she put as collateral the first large home and the second smaller home, which my uncle is also owner.
Two years later wife was able to sell her first home, the large one, and was able to fully paid for the 3rd home.
And now she wants my uncle out of the 3rd home, which is all he had known. Doesn't my uncle own part of that 3rd home since she used the smaller home as collateral, which my uncle is also owner, to be able to get the loan and buy the third home?

You have contradicted the KEY points in your first description. Has your ”uncle” retained an attorney? If not, WHY NOT? What is in this for you to be so concerned about an uncle?

 

[Susie_B]

You have contradicted the KEY points in your first description. Has your ”uncle” retained an attorney? If not, WHY NOT? What is in this for you to be so concerned about an uncle?

He has been like a father to me after I lost my own dad as a child. He is talking to a few attorneys but he is going crazy and I wanted to give him some hope.

 

[Susie_B]

Married for 15 years and he did sign a PNA

Yes he signed a one side PNA Even his advisor attorney at the time told him that it was a bad contract but he did it under duress. Even his wife told him that it was a harsh PNA but her father at the time was controlling her full estate. She was wealthy when they got married but didn't have access to that wealth until 7 years ago.

 

[Zigner]

Yes he signed a one side PNA Even his advisor attorney at the time told him that it was a bad contract

Then he should have listened.

but he did it under duress.

How big was the gun pointed at his head?

Even his wife told him that it was a harsh PNA but her father at the time was controlling her full estate.

She can't be THAT good in bed.

She was wealthy when they got married but didn't have access to that wealth until 7 years ago.

Wait, how can a wealthy executive not have access to her wealth? Sounds to me like you are either not getting the full story or you are telling the story wrong.

Really - get him to an attorney. There's nothing an internet forum can do for him.

 

[Bali Hai Again]

He has been like a father to me after I lost my own dad as a child. He is talking to a few attorneys but he is going crazy and I wanted to give him some hope.

I had family and friends “advising“ me about the outcome of my divorce. They were ALL WRONG. A good divorce attorney is your uncle’s ONLY hope.

 

[Taxing Matters]

In CA 10 years is a factor for alimony, not the property division.

Well, as I noted before, the details of divorce law vary among the states, particularly between the community property states and the noncommunity property states. My state is an equitable division state and thus uses the 10 year rule to create a kind of hybrid of the English rule and community property in an effort make our divorce rules more equitable. The equitable division is already baked into divorces in community property states because community property is not just a divorce concept, it's a property law concept that applies to all manner of property related transactions. So it would be odd if CA, which is a community property state, had my state's 10 year divorce rule because CA property law already provides the result that my state was attempting to replicate.