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Will my house be given to husbands mistress?

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Thelma Sue

Junior Member
What is the name of your state?I live in FL a no fault state so I know it doesn't matter that my husband wants a divorce so he can marry his new girlfriend. I'm pretty broken up about it. I found out about the whole thing about a week after my mom died. Now he is being pretty insistant about the divorce and gets hateful when I even mention counseling. He has also said that if we dispute who gets the house, the judge will give it to him because he will be moving in his girlfriend and her two children (right after her divorce is final). Is this true? I really want to keep my home. Pretty much everything else we will divide is debts (he was a high maintenance husband). Also, is it better if I file first. I don't want a divorce but I don't want to lose my home either.
 


keyzblewz

Junior Member
How long have you been married?

Do you have children at home?

Do you work outside the home?

How long have you lived in the home?

It would serve you well to consult with an attorney so that you can learn what you rights are according to your state's laws. Oh, next time he tells you he is going to move his girlfriend and her children into the marital home, tell him that will be up to a judge. Just because a state is no fault does not mean marital conduct will not be taken into consideration and it doesn't sound as if he is conducting himself very nicely.
 

Thelma Sue

Junior Member
We've been married for 7 years.
We have no children (My husband always said he didn't want children)
I do work outside the home. Currently I make about 5K more a year than my husand, although for most of our marriage, he earned about 10K more a year than I did. I'm scared about even seeing a lawyer because he has said that if I did things would get very nasty. That really scared me. He has never been violent before but he does own many guns including some assault weapons.
 

LdiJ

Senior Member
Thelma Sue said:
What is the name of your state?I live in FL a no fault state so I know it doesn't matter that my husband wants a divorce so he can marry his new girlfriend. I'm pretty broken up about it. I found out about the whole thing about a week after my mom died. Now he is being pretty insistant about the divorce and gets hateful when I even mention counseling. He has also said that if we dispute who gets the house, the judge will give it to him because he will be moving in his girlfriend and her two children (right after her divorce is final). Is this true? I really want to keep my home. Pretty much everything else we will divide is debts (he was a high maintenance husband). Also, is it better if I file first. I don't want a divorce but I don't want to lose my home either.
Why would you listen to legal advice from HIM...lol

Do you honestly think that a judge would give him the house because he would be moving in his girlfriend and her kids?????? The answer to that is most definitely NO. If he tried to give a reason like that to a judge in court he would be laughed out of the courtroom. Whoever gets the house will be the person who has the ability to refinance it into their own name. Otherwise a judge most likely would order it to be sold and the net proceeds split.

I do think you need to see an attorney ASAP. He is trying to intimidate you and you need the protection of having solid legal representation. You may even be able to get a restraining order against him due to the weapons situation.
 
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rmet4nzkx

Senior Member
No one can say how a judge will rule on the property settlement, neither your husband nor Ldij. Florida is an equal distribution state, which should be to your advantage and things are not split up 50/50, this includes debts, which may be helpful since your husband is high maintenance and the adultery will come into play here. Please consult an attorney, that is the best way to protect your interests and be sure to ask about securing the guns. Don't attempt to do this yourself and it may be best to file first.
Here is a link to FL Bar info:
http://www.flabar.org/tfb/TFBConsum.nsf/0/50c0b911a9cb28fd85256b2f006c5ba9?OpenDocument

PROPERTY DIVISION

One of the most difficult and complex areas of divorce is the division of marital property. Marital property may include cars, houses, retirement benefits (pensions), business interests, cash, stocks, bonds, bank accounts, personal property and other things of value.

Florida statutes and case law provides for an "equitable distribution" of marital property. In essence, the marital property should be divided fairly or equitably (not necessarily equally) between the parties regardless of how the title is held. The division is based upon all facts of the case and the contribution of both spouses to the marriage.

The division of marital property (any asset acquired during the marriage by the efforts of one or both parties) is considered in conjunction with all other awards of alimony and interests in property.

There is no fixed way to determine how you or the court should divide the property. Liabilities (debts) as well as assets must be considered. Other factors include the nature and extent of the property and whether it is marital property or non-marital property; the duration of the marriage; and the economic circumstances of each spouse. If you and your spouse can agree, and if your agreement is reasonable, it will be approved by the court. If you cannot agree, the court will divide the property after a trial.
 

cc423

Junior Member
FYI (You may already know this but just in case.....)
You mentioned your mother had died. If there is money you inherited, keep it in a separate account in YOUR NAME ONLY. This way it cannot be joined into the martial property.
Inheritance is separate property but only if you don't deposit into your joint accounts.
You don't have to remain in that house in order to be awarded the house. If you feel your safety threatened, leave. Take all your personal possessions and get a good attorney. Your life is worth more than a house. Be safe!
 

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