mixed messages

[freddieoz]

have several areas of concern, first- found out when filing taxes that husbands ssn was not complete on marriage license, called county clerk,he said it was just a form of ID, that it did not affect the marital status but that it would take a court order to correct it. if it does not affect any thing, why would it take a court order to amend it? second, was told by officer that husband was entitled to 1/2 of every thing i had, even before i met him,is this true in a community property state? 3rd: work for a major corp that gives us stock options, was granted 100 on date of hire, have accumulated @150 more since then, when we separated i only had options on 100 to vest in 4 years, the others had not been accured, what is the status for his getting hold of what i have worked for? esp those that were accured after he left? I am currently assuming all debt because i am the one who had the credit cards and checking account before him, they were maxed out on car repairs including the truck we jointly own(?) that he took with him, i question that as i signed over the vehicle to him to prevent him from harming our dog, in short, the dog was held hostage for a truck title. he wants me to pay for the divorce, but he will not agree to my terms, physical and mental abuse to me, animal abuse to our dog and attempted assault on my 26 year old son. i will not sign without those terms and he wont sign if i put them in. i have all debt in the joint debit, there is one that i cannot yet begin to pay until i get all the others paid up, am seriously considering bankruptcy but am doing all i can to avoid it where do i stand, what are my options also have a 401k from work, it was stared in oct,2000, we separated finally in july 2000. what can i do to protect my self and my financial future?

 

[Ambr]

found out when filing taxes that husbands ssn was not complete on marriage license, called county clerk,he said it was just a form of ID, that it did not affect the marital status but that it would take a court order to correct it. if it does not affect any thing, why would it take a court order to amend it? </b>

it takes a court order because you are requesting to change information on a legal document. the SSN# was ID used to provide identity when you filed for the license. if the ID picture didn't match they wouldn't issue a license. it sounds like a clerical error, which could be amended with a court order allowing them to change information.

<b> second, was told by officer that husband was entitled to 1/2 of every thing i had, even before i met him,is this true in a community property state? </b>

usually you can take the opinion that anything that you brought into the marriage - say like a car - is your personal property and would remain your personal property. but the ex can take the stand point that he has a valid interest in the vehicle. he has used it regular, invested money in it - totally over hauled it, fixed it up. he would have to convince a judge that he has an interest in the vehicle and in entitled to it, or in part 1/2 of its value.

<b> 3rd: work for a major corp that gives us stock options, was granted 100 on date of hire, have accumulated @150 more since then, when we separated i only had options on 100 to vest in 4 years, the others had not been accured, what is the status for his getting hold of what i have worked for? esp those that were accured after he left? </b>

you are still married - therefore assets are still being acquired. have you filed for legal separation?

<b> I am currently assuming all debt because i am the one who had the credit cards and checking account before him, they were maxed out on car repairs including the truck we jointly own(?) </b>

this shows that you are being responsible. when you go to court, you need to be able to show the judge that the card was used to fix up his vehicle. he has the vehicle and is benefiting from it. he should be responsible for the amount charged to the card. I WOULD HAVE RECEIPTS IF I WERE YOU. the cards were just in your name and he was a user or just your name alone?

<b> am seriously considering bankruptcy but am doing all i can to avoid it </b>

that would not be unusual. several coupled go straight from divorce court to bankruptcy court.