Divorce - Living together , Can i bring my parents to stay at home?

[Jerseygrl123]

What is the name of your state (only U.S. law)? NJ
My husband has filed a divorce complaint and we are going through discovery phase right now. The whole process is emotionally very stressful for me and i don't have any family members in US. We both are living in same house as we own the house. I want to bring in my parents but he mentioned once that he wouldn't allow them to stay here with us..

my questions are :

1. Can he legally stop my parents from living in same house? The house is in both of our names.
2. Need some guidance on filling the case information sheet for the financials:
- My husband had purchased rental property 2 months before our marriage and it is in his name. I pitched in some money towards the rental & mortgage. Is it considered as a marital asset or i wont have any share in it?
- We managed our personal expenses on our own since the beginning and only the joint expenses from a common pool. While filing the CIS , what are some of the things i need to be careful about... For eg... showing high personal expenses and low joint expenses could hurt in terms of calculations ?

Thanks and appreciate all your help!

 

[Zigner]

He cannot stop you from inviting your parents to stay with you, but he can make it pretty darn uncomfortable.

As for the rest, your best bet is to consult with a local attorney who can review all of the facts.

 

[Jerseygrl123]

He cannot stop you from inviting your parents to stay with you, but he can make it pretty darn uncomfortable.

As for the rest, your best bet is to consult with a local attorney who can review all of the facts.

Thanks Zigner for your response! I hired an attorney but she has not been very helpful to me. She is going by the books and says that she can talk to his attorney and see if they can allow my parents to come for few weeks or file a motion ( not sure what means)

I am not sure if it is too early to change the attorney as i just dont get any advice from her. I have to research on internet and then ask her for advice.

 

[t74]

Thanks Zigner for your response! I hired an attorney but she has not been very helpful to me. She is going by the books and says that she can talk to his attorney and see if they can allow my parents to come for few weeks or file a motion ( not sure what means)

I am not sure if it is too early to change the attorney as i just dont get any advice from her. I have to research on internet and then ask her for advice.

" .... going by the books" is a problem because ...?

As for filling out the forms ... do it honestly.

If you do not like or trust your attorney, get a new one.

 

[Jerseygrl123]

" .... going by the books" is a problem because ...?

As for filling out the forms ... do it honestly.

If you do not like or trust your attorney, get a new one.

Going by the books is not a problem... but there are surely there are ways of handling situation if it is a genuine reason. It might too early to predict as it's been only a month and i may be anxious about the whole situation.


thank you again for all your help!

 

[LdiJ]

What is the name of your state (only U.S. law)? NJ
My husband has filed a divorce complaint and we are going through discovery phase right now. The whole process is emotionally very stressful for me and i don't have any family members in US. We both are living in same house as we own the house. I want to bring in my parents but he mentioned once that he wouldn't allow them to stay here with us..

my questions are :

1. Can he legally stop my parents from living in same house? The house is in both of our names.

No, but its quite likely that he would make things very uncomfortable for all of you.

2. Need some guidance on filling the case information sheet for the financials:
- My husband had purchased rental property 2 months before our marriage and it is in his name. I pitched in some money towards the rental & mortgage. Is it considered as a marital asset or i wont have any share in it?

Since marital money has been spent on the property the amount of equity that has accrued since the marriage would be marital property.

- We managed our personal expenses on our own since the beginning and only the joint expenses from a common pool. While filing the CIS , what are some of the things i need to be careful about... For eg... showing high personal expenses and low joint expenses could hurt in terms of calculations ?

Thanks and appreciate all your help!

No, that really won't matter. What matters is separate property (premarital assets and debts, gifts or inheritances, ) and marital property (assets and debts accrued during the marriage, whether jointly or separately)

 

[Jerseygrl123]

No, but its quite likely that he would make things very uncomfortable for all of you.



Since marital money has been spent on the property the amount of equity that has accrued since the marriage would be marital property.



No, that really won't matter. What matters is separate property (premarital assets and debts, gifts or inheritances, ) and marital property (assets and debts accrued during the marriage, whether jointly or separately)

Thanks for your response.... Question on the last statement:

- Any bank account opened prior to marriage and if i could show there a was a balance of some amount ( via statements) ... is that a premarital asset? This account was never shared for any joint expenses.
- Jewellery gifted during marriage would be considered a joint or personal asset?

- I had opened kids savings account from my savings - Would that need to be declared as well? My husband has never pitched into that account.

 

[HighwayMan]

These are all issues you should be discussing with your attorney. Again, if you are unhappy with your attorney then it's time you got a new one.