What if he does burn it down?

[Deen]

Greetings from Mississippi! A close friend of mine recently filed for divorce citing adultery as grounds. She is seeking half of all marital property. Her husband has vowed that he will burn the house to the ground before he allows her to have it or any money from the sale of it. We definatley believe he is capable of doing so if he decides that is what he wants to do. The question is: If he is stupid enough to do so and is convicted of arson, how will the insurance company handle the situation? Will they not pay at all or will they simply pay off the bank loan on the house? If they don't pay anything, is she going to be stuck paying for a house that no longer exists? If they do pay, is she entitled to the portion that she would have received in the divorce or does she lose out all the way around due to his actions? Thanks for your time and assistance!!

 

[HomeGuru]

The insurance company will refuse to pay on the policy on the grounds of arson. Therefore, they will not payoff the bank or the monthly payments. Read the fine print in the policy.
Have her report his threats to the poilce.

 

[Deen]

just as we suspected

We expected that answer,unfortunately. While I don't think she should penalized for his actions, I do understand the insurance company's position.
I just wish there was something we could do to see to it that he doesn't do so. There is no justice in him going to jail, which would enable him to get out of paying alimony AND make her pay for a house she can't live in. THanks for your help!!

 

[ALawyer]

Just one thought to add. The police likely would NOT arrest him as they do not like "he said - she said" cases, and the threat may not be actionable yet. BUT if they were to question him as to whether he made the threat, that alone should put him on notice that if anything does happen to the house he's likely to be the prime suspect.