• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Got another question....

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

BiscuitCat

Guest
IAAL, thanks for answering the last one. You are great!

This question once again involves the State of Alabama. It is an equitable property state and it is a short term marriage (two years, a little less at separation).

Before we married my husband had owned a house for a year and the balance of the mortgate was approximately $71,000. He had about $6000 in credit card debt. I paid off the mortgage and the credit card debt in a lump sum when I sold my home and moved into his home. My name was never put on the deed to the house although that was supposed to be the plan.

The total accumumlated marital property purchased during the marriage is about $17,000 and because he no longer had a mortgage to pay, he was able to increase his contributions to his deferred compensation account by quadlupeling them (may not have spelled that right....multiplied the amount by four). The increase in the deferred compensation account during the marriage was $6600.

He is in contempt of court on three separate counts which my attorney wanted to wait and bring out in court at the trial rather than trying to get that taken care of separately and I am in agreement with her on that. He also lied about five times in the deposition and the lies are easily proven. He also committed adultry and was stupid enough to video tape it and take pictures which I found in his briefcase.

Whew! I am hoping that in a short term marriage of this nature that the judge "unwinds" it as best as possible by giving me the house (he has approximately $5000 equity in it) and I am hoping for half of the value of the marital property. Of course, my stbx thinks I am being unreasonable and is offering me $71000 total as a settlement. I hardly see how he is in a position to go to trial but he is just hard headed enough to do so in spite of the consequences he might face.

Here's my questions....what is the probable result of his three counts of contempt of court and the perjury in the deposition? I realize it is impossible to second guess a judge and what mood they may be in that day. The problem is that my stbx is a cop and he told me that because of that, nothing would happen to him. Also, if the judge tries to unwind the marriage, will he take the marital property into account that we purchased during the marriage or will it all go to my stbx? Stbx has possession of everything now except the house which I am in but he has disposed of some of the marital property in spite of the temporary restraining order.

Sorry this is so long and thanks again IAAL and everyone else.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top