Need some input

[JJohnboy]

What is the name of your state?undefinedWhat is the name of your state?Iowa
I am new to this site. Hello, everyone. My son just returned from a 7-month tour in Iraq. 10 days before he returned my wife of 20 years informed me that she was going to leave me and my 16-year old daughter after my son's leave was over. She doesn't plan on abandoning my daughter and wants her to live with me in the old house that we remodeled. She hasn't mentioned divorce in the near future and I really don't know when she's leaving, but it's pretty certain that it will happen. We almost own the home outright and have very little debt. We have a considerable amount of money in a savings account with the company my wife works for and it's in her name. I have so many questions that I don't know which ones to ask so I'll start with a couple. First, if my wife moves out I get the feeling that she wants to just come and go as she pleases. While I want her to spend time with our daughter, I don't want her hanging around if she's left me. If she moves out, do I have any rights as to her coming and going if there's no legal separation agreement? Second, if she moves out would I be wise to file for either separation or divorce immediately just to protect myself from losing everything but the house? I should add that I don't want to lose my wife, but it seems inevitable and I need to think about my daughter and my own best interests. Man' this stinks. Please help me if you have any similar experience.

 

[LdiJ]

What is the name of your state?undefinedWhat is the name of your state?Iowa
I am new to this site. Hello, everyone. My son just returned from a 7-month tour in Iraq. 10 days before he returned my wife of 20 years informed me that she was going to leave me and my 16-year old daughter after my son's leave was over. She doesn't plan on abandoning my daughter and wants her to live with me in the old house that we remodeled. She hasn't mentioned divorce in the near future and I really don't know when she's leaving, but it's pretty certain that it will happen. We almost own the home outright and have very little debt. We have a considerable amount of money in a savings account with the company my wife works for and it's in her name. I have so many questions that I don't know which ones to ask so I'll start with a couple. First, if my wife moves out I get the feeling that she wants to just come and go as she pleases. While I want her to spend time with our daughter, I don't want her hanging around if she's left me. If she moves out, do I have any rights as to her coming and going if there's no legal separation agreement? Second, if she moves out would I be wise to file for either separation or divorce immediately just to protect myself from losing everything but the house? I should add that I don't want to lose my wife, but it seems inevitable and I need to think about my daughter and my own best interests. Man' this stinks. Please help me if you have any similar experience.

The house is equally her property and you can't keep her out of it without an order from the courts. If you end up being the one that keeps the house you will have to buy out her share, just as she would have to give you your share of any marital assets that she holds.....OR, it could be that she would keep the money and you would keep the house if the values are relatively equal. The bottom line is that everything is going to end up getting split pretty much 50/50.

If you are worried about her depleting the money then it would probably be best to file and get the ball rolling. However if you have hard records of all of the assets and liabilities now, that could be enough to influence a future property settlement.