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Seperated, but still married.

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debcrosby123

Junior Member
What is the name of your state? Florida
About 9 years ago, I left my husband and son, home and everything and went back home to Georgia, where I proceded to get into some trouble and ended up in prison for a couple of years. Now, I am a 'changed' person, and realize what I've done. I would like my life back. My life with my husband, and my home anyway. We have never gotten divorced, but the problem is that he has a new woman living with him in OUR home! He wants to get a divorce, and he says that since I haven't helped with anything regarding the house in the last 9 years, I shouldn't get anything out of it. If he doesn't give me half the money that the house is worth, I am determined to make him and his honey sell the house and give me half. I want her out. I have thought about just packing my bags and moving back in... can I do that? Can he stop me from doing that? I mean, my name is still on everything. I think he didnt' divorce me after all these years, because he still loved me. I think if I can just get her out for a few weeks, he'll see that I have changed and we belong together. My question is....what rights do I have? Am I legally entitled to move back in the house, even if they are there? Can I force him to sell the house and give me half or even more? We only paid about $70,000 for the house 12 years ago, but with the way property value has gone up, it is probably worth over $150,000 today! I have been living with an old boyfriend in Georgia since I got out of jail, but he died 6 months ago, so now I'm just out-I'm 50 years old with nothing...this house in florida is all I have. I am going to go to Florida and move in with my son who only lives a couple of miles away from my husband and his girlfriend, and I'm going to try my hardest to make their lives miserable so He'll take me back..but in the meantime, I need to know what rights I have.
 


Silverplum

Senior Member
debcrosby123 said:
What is the name of your state? Florida
About 9 years ago, I left my husband and son, home and everything and went back home to Georgia, where I proceded to get into some trouble and ended up in prison for a couple of years. Now, I am a 'changed' person, and realize what I've done. I would like my life back. My life with my husband, and my home anyway. We have never gotten divorced, but the problem is that he has a new woman living with him in OUR home! He wants to get a divorce, and he says that since I haven't helped with anything regarding the house in the last 9 years, I shouldn't get anything out of it. If he doesn't give me half the money that the house is worth, I am determined to make him and his honey sell the house and give me half. I want her out. I have thought about just packing my bags and moving back in... can I do that? Can he stop me from doing that? I mean, my name is still on everything. I think he didnt' divorce me after all these years, because he still loved me. I think if I can just get her out for a few weeks, he'll see that I have changed and we belong together. My question is....what rights do I have? Am I legally entitled to move back in the house, even if they are there? Can I force him to sell the house and give me half or even more? We only paid about $70,000 for the house 12 years ago, but with the way property value has gone up, it is probably worth over $150,000 today! I have been living with an old boyfriend in Georgia since I got out of jail, but he died 6 months ago, so now I'm just out-I'm 50 years old with nothing...this house in florida is all I have. I am going to go to Florida and move in with my son who only lives a couple of miles away from my husband and his girlfriend, and I'm going to try my hardest to make their lives miserable so He'll take me back..but in the meantime, I need to know what rights I have.
Whoa. :eek: You are a Georgia peach, aintcha?
 

moburkes

Senior Member
debcrosby123 said:
What is the name of your state? Florida
About 9 years ago, I left my husband and son, home and everything and went back home to Georgia, where I proceded to get into some trouble and ended up in prison for a couple of years. Now, I am a 'changed' person, and realize what I've done. I would like my life back. My life with my husband, and my home anyway. We have never gotten divorced, but the problem is that he has a new woman living with him in OUR home! He wants to get a divorce, and he says that since I haven't helped with anything regarding the house in the last 9 years, I shouldn't get anything out of it. If he doesn't give me half the money that the house is worth, I am determined to make him and his honey sell the house and give me half. I want her out. I have thought about just packing my bags and moving back in... can I do that? Can he stop me from doing that? I mean, my name is still on everything. I think he didnt' divorce me after all these years, because he still loved me. I think if I can just get her out for a few weeks, he'll see that I have changed and we belong together. My question is....what rights do I have? Am I legally entitled to move back in the house, even if they are there? Can I force him to sell the house and give me half or even more? We only paid about $70,000 for the house 12 years ago, but with the way property value has gone up, it is probably worth over $150,000 today! I have been living with an old boyfriend in Georgia since I got out of jail, but he died 6 months ago, so now I'm just out-I'm 50 years old with nothing...this house in florida is all I have. I am going to go to Florida and move in with my son who only lives a couple of miles away from my husband and his girlfriend, and I'm going to try my hardest to make their lives miserable so He'll take me back..but in the meantime, I need to know what rights I have.
You left your family..now you think that your husband wants you back after 9 years..even though he has obviously moved on..and he will think his jailbird wife has changed, just because you show up..and you're trying to make him miserable..because that will certainly make him want you now..am I understanding this?

You feel that you are entitled to half the value of the house, although you contributed NOTHING for the last 9 years. Is that a correct understanding?

I can't wait to get home to read the responses...Off work in 1 minute flat!!
 

BelizeBreeze

Senior Member
debcrosby123 said:
What is the name of your state? Florida
About 9 years ago, I left my husband and son, home and everything and went back home to Georgia, where I proceded to get into some trouble and ended up in prison for a couple of years. Now, I am a 'changed' person, and realize what I've done.
It's called Abandonment.
I would like my life back. My life with my husband, and my home anyway.
And what about the child?
We have never gotten divorced, but the problem is that he has a new woman living with him in OUR home!
Since you have given no facts regarding how long you were together, who actually purchased the home and with what funds, how do you claim ownership?
He wants to get a divorce, and he says that since I haven't helped with anything regarding the house in the last 9 years, I shouldn't get anything out of it.
Again, that depends on a lot of facts you have failed to provide.
If he doesn't give me half the money that the house is worth, I am determined to make him and his honey sell the house and give me half.
Then you have a lot of legal fees ahead of you. First, you can't force the 'honey' to do anything. And second, you have not stated a case for ownership.
I want her out. I have thought about just packing my bags and moving back in... can I do that?
Not until you answer the questions posed above.
Can he stop me from doing that?
Yes.
I mean, my name is still on everything.
Read above.
I think he didnt' divorce me after all these years, because he still loved me.
Ya, sure :rolleyes:
I think if I can just get her out for a few weeks, he'll see that I have changed and we belong together.
What are you smoking?
My question is....what rights do I have?
How should we know when we have absolutely no facts from which to base a legal opinion?
Am I legally entitled to move back in the house, even if they are there? Can I force him to sell the house and give me half or even more? We only paid about $70,000 for the house 12 years ago, but with the way property value has gone up, it is probably worth over $150,000 today! I have been living with an old boyfriend in Georgia since I got out of jail, but he died 6 months ago, so now I'm just out-I'm 50 years old with nothing...this house in florida is all I have. I am going to go to Florida and move in with my son who only lives a couple of miles away from my husband and his girlfriend, and I'm going to try my hardest to make their lives miserable so He'll take me back..but in the meantime, I need to know what rights I have.
I'm not going further. Either you return with a list of facts or hire your own attorney.
 

AHA

Senior Member
debcrosby123 said:
What is the name of your state? Florida
About 9 years ago, I left my husband and son, home and everything and went back home to Georgia, where I proceded to get into some trouble and ended up in prison for a couple of years. Now, I am a 'changed' person, and realize what I've done. I would like my life back. My life with my husband, and my home anyway. We have never gotten divorced, but the problem is that he has a new woman living with him in OUR home! He wants to get a divorce, and he says that since I haven't helped with anything regarding the house in the last 9 years, I shouldn't get anything out of it. If he doesn't give me half the money that the house is worth, I am determined to make him and his honey sell the house and give me half. I want her out. I have thought about just packing my bags and moving back in... can I do that? Can he stop me from doing that? I mean, my name is still on everything. I think he didnt' divorce me after all these years, because he still loved me. I think if I can just get her out for a few weeks, he'll see that I have changed and we belong together. My question is....what rights do I have? Am I legally entitled to move back in the house, even if they are there? Can I force him to sell the house and give me half or even more? We only paid about $70,000 for the house 12 years ago, but with the way property value has gone up, it is probably worth over $150,000 today! I have been living with an old boyfriend in Georgia since I got out of jail, but he died 6 months ago, so now I'm just out-I'm 50 years old with nothing...this house in florida is all I have. I am going to go to Florida and move in with my son who only lives a couple of miles away from my husband and his girlfriend, and I'm going to try my hardest to make their lives miserable so He'll take me back..but in the meantime, I need to know what rights I have.
Funny story, thanks for making it up for us. Too bad this isn't the place for BS stories, so take it somewhere else.
 

debcrosby123

Junior Member
Ok, I'm sorry that I didn't give you all the information, but I've never done this before, and I'm really trying to figure out what I need to do. A friend of mine told me about this web site and said she got some really good information.
We actually have been married twice. We got married right out of high school and were married for 5 years, and the baby and got divorced. I remarried, he didn't. After a few years, I realized that I wanted my family back and I divorced and we remarried. That was in 1985, so we have been married 21 years (the second time). Our son is 25 years old. I don't mean to sound mean or anything, what I really would like is to have my life back again, but I know that is impossible. so if I can't have that, I need to figure out what I am entitled to. I mean, we bought the house 12 years ago, and we only paid like $1,000 down, and that came from our income tax refund, and I lived in it for 2 1/2 years, before I left. Now, I had got mixed up with the wrong crowd, so to speak, and got on drugs, which took me in a downward spiral, for which I am very sorry. But while I was in prison, I realized what I had done, and how bad I screwed up. I am thankful that he raised our son and for everything else he did. I can't figure out why he hasn't filed for divorce if he is living with this other woman, I mean I know he doesn't have a lot of money, and neither do I, but I am wondering if he hasn't filed because he might still love me? My sister thinks it is a case of "out of sight-out of mind", while I was gone, you know? But anyway, I just am trying to find out what I am legally entitled to. I didn't really pay much toward the house when we bought it, I had gotten hurt at work, and was on workman's comp for a while, so I wasn't able to make any payments. But I think that no matter what I should get half of the profit of the sale of the house. The thing is, he doesn't want to sell the house at all, because, they can't find anywhere else to live as cheap. Well, neither can I....why should I pay $1200 a month rent when I am part owner of house that the house payments are only $500 a month? Plus, he was just in the hospital a few months ago, and I found out he has cirrhosis of the liver, and if he doesnt' get a liver transplant, he will not live more than a year. He has a $50,000 life insurance policy, but our son is the beneficiary, unless he has changed it to "her". I have got my son on my side now, and he is giving his dad a hard time about his girlfriend, and is refusing to have anything to do with him until he gets rid of "her". I don't have a problem with this woman, she has done a lot for my son, and my husband, but it is time for her to realize it is time for her to go on her way, and let me have my house, my husband and my life back. If he should die in the next few months, and she is living in the house, how am I going to get her out of there? and hopefully he hasn't done anything stupid like put her name on anything. I think that I can even keep her away from him if he should end up in a coma or something... I am his wife, not her, and someone told me that she has no rights. If he dies, the house will automatically be mine, and my son will have the $50,000 and she can't get any of it, right?
 
S

shell007

Guest
debcrosby123 said:
Ok, I'm sorry that I didn't give you all the information, but I've never done this before, and I'm really trying to figure out what I need to do. A friend of mine told me about this web site and said she got some really good information.
We actually have been married twice. We got married right out of high school and were married for 5 years, and the baby and got divorced. I remarried, he didn't. After a few years, I realized that I wanted my family back and I divorced and we remarried. That was in 1985, so we have been married 21 years (the second time). Our son is 25 years old. I don't mean to sound mean or anything, what I really would like is to have my life back again, but I know that is impossible. so if I can't have that, I need to figure out what I am entitled to. I mean, we bought the house 12 years ago, and we only paid like $1,000 down, and that came from our income tax refund, and I lived in it for 2 1/2 years, before I left. Now, I had got mixed up with the wrong crowd, so to speak, and got on drugs, which took me in a downward spiral, for which I am very sorry. But while I was in prison, I realized what I had done, and how bad I screwed up. I am thankful that he raised our son and for everything else he did. I can't figure out why he hasn't filed for divorce if he is living with this other woman, I mean I know he doesn't have a lot of money, and neither do I, but I am wondering if he hasn't filed because he might still love me? My sister thinks it is a case of "out of sight-out of mind", while I was gone, you know? But anyway, I just am trying to find out what I am legally entitled to. I didn't really pay much toward the house when we bought it, I had gotten hurt at work, and was on workman's comp for a while, so I wasn't able to make any payments. But I think that no matter what I should get half of the profit of the sale of the house. The thing is, he doesn't want to sell the house at all, because, they can't find anywhere else to live as cheap. Well, neither can I....why should I pay $1200 a month rent when I am part owner of house that the house payments are only $500 a month? Plus, he was just in the hospital a few months ago, and I found out he has cirrhosis of the liver, and if he doesnt' get a liver transplant, he will not live more than a year. He has a $50,000 life insurance policy, but our son is the beneficiary, unless he has changed it to "her". I have got my son on my side now, and he is giving his dad a hard time about his girlfriend, and is refusing to have anything to do with him until he gets rid of "her". I don't have a problem with this woman, she has done a lot for my son, and my husband, but it is time for her to realize it is time for her to go on her way, and let me have my house, my husband and my life back. If he should die in the next few months, and she is living in the house, how am I going to get her out of there? and hopefully he hasn't done anything stupid like put her name on anything. I think that I can even keep her away from him if he should end up in a coma or something... I am his wife, not her, and someone told me that she has no rights. If he dies, the house will automatically be mine, and my son will have the $50,000 and she can't get any of it, right?
Where is Rmet?????

OP: You don't need legal advice....YOU NEED THERAPY!!
 

moburkes

Senior Member
debcrosby123 said:
Ok, I'm sorry that I didn't give you all the information, but I've never done this before, and I'm really trying to figure out what I need to do. A friend of mine told me about this web site and said she got some really good information.
We actually have been married twice. We got married right out of high school and were married for 5 years, and the baby and got divorced. I remarried, he didn't. After a few years, I realized that I wanted my family back and I divorced and we remarried. That was in 1985, so we have been married 21 years (the second time). Our son is 25 years old. I don't mean to sound mean or anything, what I really would like is to have my life back again, but I know that is impossible. so if I can't have that, I need to figure out what I am entitled to. I mean, we bought the house 12 years ago, and we only paid like $1,000 down, and that came from our income tax refund, and I lived in it for 2 1/2 years, before I left. Now, I had got mixed up with the wrong crowd, so to speak, and got on drugs, which took me in a downward spiral, for which I am very sorry. But while I was in prison, I realized what I had done, and how bad I screwed up. I am thankful that he raised our son and for everything else he did. I can't figure out why he hasn't filed for divorce if he is living with this other woman, I mean I know he doesn't have a lot of money, and neither do I, but I am wondering if he hasn't filed because he might still love me? My sister thinks it is a case of "out of sight-out of mind", while I was gone, you know? But anyway, I just am trying to find out what I am legally entitled to. I didn't really pay much toward the house when we bought it, I had gotten hurt at work, and was on workman's comp for a while, so I wasn't able to make any payments. But I think that no matter what I should get half of the profit of the sale of the house. The thing is, he doesn't want to sell the house at all, because, they can't find anywhere else to live as cheap. Well, neither can I....why should I pay $1200 a month rent when I am part owner of house that the house payments are only $500 a month? Plus, he was just in the hospital a few months ago, and I found out he has cirrhosis of the liver, and if he doesnt' get a liver transplant, he will not live more than a year. He has a $50,000 life insurance policy, but our son is the beneficiary, unless he has changed it to "her". I have got my son on my side now, and he is giving his dad a hard time about his girlfriend, and is refusing to have anything to do with him until he gets rid of "her". I don't have a problem with this woman, she has done a lot for my son, and my husband, but it is time for her to realize it is time for her to go on her way, and let me have my house, my husband and my life back. If he should die in the next few months, and she is living in the house, how am I going to get her out of there? and hopefully he hasn't done anything stupid like put her name on anything. I think that I can even keep her away from him if he should end up in a coma or something... I am his wife, not her, and someone told me that she has no rights. If he dies, the house will automatically be mine, and my son will have the $50,000 and she can't get any of it, right?
You really should re-type this into smaller, more easily read paragraphs.

You can legally evict her after he dies. You can reasonably expect him to get rid of her just because you want to come back into the picture. After abandoning your family..getting hooked on drugs, etc.

If he wanted you, you would already know it. You don't have to help him figure it out.

Whomever he has designated as beneficiary will get the money. You have no right to know who that person is, or if he has changed the designation. Also, why don't you give him the ($500/month x 108 months+) $54000 worth of mortgage payments that he made while you were away. Once you do that, I'm sure he would be GLAD to welcome you back home....
 
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debcrosby123

Junior Member
I am really not trying to be... I just want what is rightfully mine. What would you do? I mean, I'm 50 years old, I have no skills, and I feel like everything has been taken away from me because of a few mistakes. wouldn't you want what is rightfullly yours? Or should I just walk away and give him a divorce, and not fight for any money? I don't know Florida law, but I keep hearing about no fault divorce, but I don't know what that means. Then someone told me also, that I needed to start getting mail at the house....that would show the judge (when we go to court) that I still have an interest in the house. So now I started filling out all sorts of things with that address, I even sent myself a card there! I will be curious to find out of they open it, or 'return it to sender'. I just need some help figuring out what to do. I am so confused.
 

moburkes

Senior Member
debcrosby123 said:
I am really not trying to be... I just want what is rightfully mine. What would you do? I mean, I'm 50 years old, I have no skills, and I feel like everything has been taken away from me because of a few mistakes. wouldn't you want what is rightfullly yours? Or should I just walk away and give him a divorce, and not fight for any money? I don't know Florida law, but I keep hearing about no fault divorce, but I don't know what that means. Then someone told me also, that I needed to start getting mail at the house....that would show the judge (when we go to court) that I still have an interest in the house. So now I started filling out all sorts of things with that address, I even sent myself a card there! I will be curious to find out of they open it, or 'return it to sender'. I just need some help figuring out what to do. I am so confused.
Lady I don't know what to say about your situation. However, NOTHING was TAKEN away from you. You GAVE it away (your husband, your child, your family, your bills, your responsibilities, etc) when you DECIDED to take drugs, get caught doing whatever, and go to jail. That's no one's fault but your own. Have you contacted your local job & family services department? They can help you get job skills. Did he say that he wanted a divorce? I'm guessing that he didn't say he wanted you to come sleep over. My humble opinion is that you are entitled to a portion of the proceeds if/when your house is sold. However, I think that portion is a small one. He's paid over $54000 worth of mortgage payments while you were doing YOUR thing. Was that fair to him? Have you thought about what YOU did to HIM?
 
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