what to do?

[onebat4u]

What is the name of your state? S.C.
I caught my wife with another man and SHE moved out on her own 2 weeks later (I was willing to work things out but she said moving out was the best thing to help OUR marriage) We agreed on just getting a divorce and leaving with what we had but now 3 months later I am seeing some one and her boy friend dumped her and she wants all kinds of stuff from me, it changes day by day, here is my question(s)
1. She had an affair, she moved out because she wanted to 3 months ago, now she wants 1/2 of the house. Does she have the right?
2. She has a house in N.C. that is paid for (she had it when we met) I was told that I could be in tilted to 1/2 of that. Is that true?
3. She drives a car that is in my name with her as a co-signer, she has made the payment on it for 3 years (I made maybe 1) and the insurance is in my name, do I have the right to make her get her own insurance? Can I take the car from her if this gets real ugly?
please don't get me wrong here I just want out but she is starting to show her true colors and I don't know what to do, nether one of us has the money to get lawyers and I just want this to go away, but if she is going to play hard ball I just want to make sure I have the right kind of glove on to caught it

 

[LdiJ]

What is the name of your state? S.C.

1. She had an affair, she moved out because she wanted to 3 months ago, now she wants 1/2 of the house. Does she have the right?

If the house was purchased during the marriage, yes, she has the right to 1/2 of the equity in the home....just as she has the right to 1/2 of all other assets that accrued during the marriage.

2. She has a house in N.C. that is paid for (she had it when we met) I was told that I could be in tilted to 1/2 of that. Is that true?

No, that is premarital property and is her separate property. There is a chance you could be entitled to 1/2 of any increase in the value in the home since the date of marriage...but that is a bit iffy since the house was/is paid for....it would be difficult to claim that much in the way of marital assets went into the home. I honestly think its probable that a judge would rule that its her separate property and that you wouldn't be entitled to any portion of it's equity.

3. She drives a car that is in my name with her as a co-signer, she has made the payment on it for 3 years (I made maybe 1) and the insurance is in my name, do I have the right to make her get her own insurance? Can I take the car from her if this gets real ugly?

Leave the insurance alone for now. Its the best way to protect yourself in case she were to be in an accident. However, its nearly 100% guaranteed that she would be awarded the car in a divorce, so please don't be foolish enough to take it from her. She has made nearly all the payments, you would just destroy your own credibility with the judge if you did that.

please don't get me wrong here I just want out but she is starting to show her true colors and I don't know what to do, nether one of us has the money to get lawyers and I just want this to go away, but if she is going to play hard ball I just want to make sure I have the right kind of glove on to caught it

The bottom line is that you are each going to be entitled to 1/2 of the assets that accrued during the marriage...it doesn't matter if she cheated or not as far as that is concerned.

It will cost both of you a whole lot less if you keep things as amicable as possible.

 

[onebat4u]

thank you for your help

 

[dallas702]

....and you waited a whole 3 months before getting involved with someone else. You must have been really broken up about losing her.