Question: I am considering a divorce from my wife. We have three kids, and the oldest is my stepson and there is a prior custody agreement in place between my wife and her old boyfriend for my stepson. Our other children are 6 and 4 years old. 

My wife doesn't work and I'm currently putting her through school against my better wishes given our tight financial situation. We own no property together, have no assets together at all, and no shared savings. I want to try for joint custody and shared physical custody for my two children. 

Since my stepson is not in any way linked to me legally, am I off the hook with him legally in terms of child support?

Question: I have a piece of property in North Carolina that was deeded to myself, two sisters, and two cousins from my grandmother. My wife’s name is not on the deed. 

My wife and I have been married for 27 years and she left me in July. I don't want the property to get in the divorce proceedings so I want to transfer my rights to the property to my sister who is already on the property. 

Can I do this? Transfer property before the proceedings and then have it transferred back to me after the divorce is final?

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a three-part series. Click here to read Part 1 and click here to read Part 2.

Insiders and Property Division

Faced with a sizable loss if forced to divide an investment account, sell a vacation home or otherwise divide property acquired during the marriage, some spouses divert their assets to friends and family. They quip, “I don’t have to divide it if I don’t have it.” A blank stare, mouth open, face white, falls across them when their attorneys say the property still counts and, worse yet, they might have committed a crime. 

Question:

My father owned property prior to his second marriage which began 10 years ago. Three months ago, his 2nd wife told him that if he wanted to save their marriage, he would put her name on the deed. He's a sucker. He also signed for a new car for her.

She filed for divorce approximately 2 months after the deed and 1 week after getting the car.  Is there any sort of time period in which the new deed can be protested?

Question:

I realized recently that I received no money from the sell of the house that my ex wife and I lived in while married. My name was not on the loan for the home. The loan was in my ex wife's name and her mother was the co signer.

Should I have still received 50% of the money received from the sell of the house?