Dads Divorce - Free custody and alimony advice for men and fathers.Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> separate
I am living with my brother to stretch the budget, but am I doing the right thing? Can this be some type of stall on her part or could it be seen as me leaving my wife since I moved out? I just found out that she has opened a checking account in her own name and I am not sure what to make of this either.
Question: My wife is not on the title but is on the loan. It was my house and when we refinanced, the title company did not include her on the title, just on the loan. We have only been married three years and she brought money into the marriage from the sale of her house. Since the money was comingled, she wants half of the farm. Can we fight that and win? She already wants $750 per month for child support and lots more money from splitting assets. I had the farm six years before we got married and prior to refinancing, was on both the title and the loan. Answer: It is difficult to say for sure that you can fight this and win. It is totally dependent on the documentation that you can provide to back up your claim of separate property. At minimum, she will be entitled to one-half of the appreciation in the equity of the farm. I think you can preserve the separate nature of the remaining interest, but you will have the burden to produce all the documentation and information to prove that you had no intent to make the farm marital property by refinancing.
Question: If I purchased a home twelve years after a legal separation, is it still considered marital property? Does the other spouse have rights to it during the divorce process? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of South Carolina. In general, all property (marital and separate) is divided at the time of the Legal Separation, and the other spouse would have no right to it. However states vary on their law. I suggest you consult an attorney to know for sure.
Question: I'm a police officer going through a divorce and am out of work as a result of a job-related injury. I have filed a workman's compensation claim for my injury disability but am still getting my regular paycheck since the injury was work-related. My wife is asking for half of the awarded claim when I get it for lost wages. Is she entitled to this? I have no lost wages at this time. Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New Jersey. In the jurisdiction where I practice, the portion of the award attributable to your lost wages is marital property. However any award attributable to pain and suffering on your part is not marital property, it is your separate property. |
|
Welcome To DadsDivorce.com. Our divorce articles provide you with timely information you can use. Join our online divorce forum and discuss your divorce situation in real time with men who know the ropes. Ask A Lawyer offers you a chance to submit divorce questions to the attorneys of Cordell & Cordell, P.C., a family law firm focusing on men and divorce. Thousands of men look to us to provide State Divorce and Custody Information and child support calculators that are particular to divorce in their state.
Our divorce videos feature discussions with attorneys, father's rights experts, authors and lawmakers who are concerned with the rights of fathers in America. Subscribe to our divorce podcast and have our stimulating conversations automatically available to your mp3 player or ipod. Visit our store for divorce books, software, and other items to round out your understanding of this challenging time. We know that you'll find everything you need to effectively fight for your rights and the rights of your children. We wish you all the best and hope to accompany you as a trusted companion and advisor throughout the divorce process.
© Copyright 2010 All Rights Reserved DadsDivorce.Com
|
|||||||||||||
Question: My wife and I are separated but agreed to delay the divorce until we pay down debt. 
