Michigan Lady
Junior Member
What is the name of your state? Arizona and Michigan. I am seriously contemplating divorce. My husband in a SERIOUS GAMBLER and I've had enough!. I inherited 2 houses in Az. in 1997 due to the death of my dad. I own these houses as "a married women in my sole and seperate right", and have the paperwork to prove it. I have paid all expenses on these 2 properties, including thousands in improvements, and have never comingled any marital assests to do this. I am still contemplating what state to file for divorce in (Mich. which I have always maintained as my principle residence, and is an "Equitable Distribution" state as far as divorce goes), or Az., (which is a "Community Property" state as far as divorce goes, I would only have to be there 90 days to establish residency requirements to file for divorce). Az. divorce laws will protect my inheritance during marriage (the 2 houses and other inherited assests), but will not take any martial misconduct into effect in the final property settlement, just will split the debts (he has CONSIDERABLE) and my 401k (of which my husband has no knowledge of, he never had one at his job, but was able to, just never did it), and the equity in our jointly titled home in Mich. (our only real martial assest together, of which I have paid way more into since my father's death) and split it 50-50. Michigan divorce laws "might" consider my Az. inherited houses in the property distribution, because I have owned them for almost 8 yrs. after my father's death, (scares the hell out of me), but will take in consideration martial fault for the numerous credit card gambling debts he has acquired in his own name, (which I knew nothing of), and I might be able to protect my 401k as I can prove gross "economic misconduct" on his behalf since my father died. So it's a "catch-22" as far as I'm concerned. A relative has told me to sell the houses to my children (who are 30 and 29 yrs. old from a previous marriage, my current husband and I have no children together) for $1.00 each, or perhaps I can add they're name to the deeds as "Joint tenants with rights of survivorship", that way if I file for divorce in Mich. (my family and friends are here for moral support) and for some reason he can go after the Az. houses, he would only be entitled to one half of one third of the equity acquired during our marriage from the price they were valued at at the time of my father's death. I'm really debating either of these options to be able to protect my inheritance at all costs. My father would roll in his grave if this 2- bit, lying, cheating, gambling louse was able to obtain any of his hard earned money. He's already got enough as I have supported him for yrs. as he refuses to work, says he's a "professional Poker Player"! I would like to do this A.S.A.P., and then file for divorce A.S.A.P., as he has abandoned me (moved out of Mich. home) as of 2 weeks ago, and I believe he is now living in another state (won't tell me where he is at or if he's ever coming back) and gambling away. I do not wish to be liable for anything he is doing currently, (or have any more liability with anything acrued by him in the past). So I must act quickly. If my thinking is correct, I can protect my Az. homes from him, make him liable for his own thousands of dollars of debt, protect my 401k, and be able to file for divorce in Mich. Sorry for the long post, but I wanted all the facts out there. If anyone has knowledge or can give me some more food for thought or advice, PLEASE DO!!!