Divorce - Property & Debt Division

Division of house that one spouse owned before marriage

Rocktosh — Sun, 15 Aug 2010 22:30:02 GMT

If one spouse owned the marital home prior to the marriage, is the other spouse entitled to any of the value of the house after divorce or does it remain the full property of the spouse that owned the house to begin with?

Source of funds-marital or individual

ANDY1111 — Sat, 28 Aug 2010 06:04:28 GMT

Hi all,

Just wondering if anyone had a similar situation... While me and my ex were separated I purchased some assets with personal credit cards (cash advances), stuf that she now claims as marital property. All credit cards are individual but some were opened during marriage, others were open prior.

Can she claim the property as marital? It seems illogical that credit cards can be considered "marital property" because I am paying for them out of my individual income but in this crazy world of divorce is that an argument that she can sucessfully make? The credit cards were unused during marriage so it would be incorret to state that marital funds were used to pay the balances (there were no balances during marriage)..

Please share your experiences or opinions... We live in Illinois, a "communal" state..

Ex-Wife Refuses to Endorse Federal Income Tax Refund Check

Josoami — Thu, 26 Aug 2010 17:24:14 GMT

In Texas, my good friend of many years divorced in December of 2009. The divorce decree is fairly specific about how to handle the Tax Year 2009 Federal Income Tax, but makes no mention of 2008.

The problem is, my friend and his wife filed extensions for filing the 2008 return, the result of which is that he has just in the past couple of days, received the approximately $1,600.00 refund check. As they filed a joint return for 2008, the check is made out to both of them.

He has contacted her, asking she meet him at a bank - which he was told would be a requirment, that she can't simply endorse it and allow him to deposit in his individual account - so that she can endorse the check along with him, and they can then cash it and split the total 50/50. She knows he could really use his $800 share of the proceeds because of some recent medical expenses, so she is now attempting to use it for leverage to settle some other - non-related - outstanding issues they still have. Bottom line, she refuses to sign the check so that it can be cashed.

I asked him if he had contacted the IRS to see if they could perhaps cut two separate checks, one for each; he was told that was not an option.

Has anyone else ever been faced with a similar dilemma, and whether you have or not, any suggestions on how this might be resolved?

Will I be able to keep my car???

r_olsen1984 — Thu, 26 Aug 2010 02:09:54 GMT

My husbuand and I have been married for two years. I moved from California to come Washington to come be with him in Washington where he was stationed. I moved all of my personal belongins minus my car.I signed the car over to my parents who needed the car. A month before we were married ( In washington ) his parents drove their extra car up to Washington to give to us so I had a car to use. I was worried about having my name on the Title because of how bad my debt was. I was afraid that they would take the car . Our marriage was rocky from the beginning. He had jealousy and control issue. I had a great job in California and was able to transfer to Seattle. The drive was so long we barely spent quality time together. During his depolyment I decided to find a job closer to home ,I was able to find a job but took a huge pay cut and was then let go. December of last year I had finally able to meet friends, which he hated.He hated that I had a life outside of him. I was unable to find a job so I was constantly at home cooking and cleaning. Being a housewfe. I have alwasy wanted a career but let myslef slip into the role I now had.. I became compeltly so unhappy with myself and him. Before he transfered to Flordia I told him that I thought it was tbest we had time apart to figure things out. We both had issues we needed to work through and I needed to figure out who i was, because i felt like I became someone I never wanted to be. Its been 8 months and nothing has gotten better bet. He told me he was going to be filing for divorce and was taking me off his auto insurance( which is okat because I have my own auto insurance) anf find a way to get the car.

I currently work 7 days a week and two seperate jobs so I can try to pay off my debt and provide for myself.I have never once asked him for any money while we have been seperated. My queston is, iis there any way I can still keep this car. I do not have enough money to afford car payment, let alone buy any car. I barely make it now.I will not try to get alimony or anything that I may be entitled to, the only thing I want to keep is the car? Is this even going to be possible since the car is in his name not mine?

Trial Brief/Trial Memo

Michigan Hunter Cindy — Sun, 22 Aug 2010 22:40:07 GMT

STBX's attorney and my attorney exchanged Trial Briefs....and now my Laywer has sent me a copy of the Trial Memo. What is the difference?

Does this mean that we can't bring anything else up in court? What happens if "they" bring up a different topic, are we then able to pursue that avenue?

I know...talk with my attorney...and I will this week, but I just had this question about the 2 terms. Is there an exchange of Trial Memo's between both parties before the trial or is this something we both are walking into blindly (meaning not knowing what their case will be other than what was stated in their Trial Brief)?

Second opinon on debt questions

texasd — Thu, 19 Aug 2010 21:53:29 GMT

Yes, I have a lawyer. But, his answers are not making sense or maybe it not what I want to hear. We are in settlement stage of divorce, I'm claiming about 20K of CC debt, the wife is also claiming 13K in CC debt and 9K in personal loans from her parents. There was never a need for money from other sources. Never knew about loans until now. As of this time last year she was 100% debt/loan free. I on the other hand was not. I told my lawyer about this and that I feel she is creating debt to be near equal of mine. His response was it doesn't matter, our debt is about equal and each will be liable for there own. Question is why, why is he not requesting bank statements and her parent checks showing when the loans were made, amounts and to whom? Should he be making these request? Also in last October she clean out the joint account for about 8k, I wouldn't known about this if the bank didn't contact me. Again, no request. Should l be looking for a new lawyer? I feel like l"m still going to a gun fight with a rubber knife.

Lean on property for child support

breeannaskye — Wed, 18 Aug 2010 21:03:59 GMT

I placed a lien on my children's father's property. Now he is taking me to court saying he can't pay the taxes on the property. This property is jointly owned with his father. How can he take me to court because he can't pay the taxes? Isn't his father responsible as well? My name is not on the property, I just have a lien for child support. I have recently purchased the certificate from paying the back taxes he does not know this though.. He is incarcerated until 2021. Will the judge just order the property to be put up for sale? It was up for sale until he found out there was a lien, then he took it off the market.

Divorce with a house- california

tekone — Wed, 18 Aug 2010 18:56:51 GMT

Hello,

I am in the process of filing for divorce. I paid a substantial amount of money compare to my spouse for the downpayment and fixing the house. We have a lot of equity on the house. However, the money that I put in was awarded to me as part of settlement for my injuries caused. I was told in a divorce it is not divided. The spouse cannot claim any of that money. Also, I have annuity payments every month. I was told by the lawyer basically any money I received as part of the structure settlement is not going to have any effect in a divorce. Our house is in a good neighborhood in california. If the house is sold, the my ex and daughter will have to move out to a undesirable neighborhood because she will not have enough money to buy me out and also I do not want my daughter to move as the schools in the area are excellent. I was wondering if even if we get divorce. Is there any other options even if we get divorce to keep the house instead of selling it or refinancing (which is impossible as she won't qualify) and I still have interest in the house. I don't know, i am very confused, sometimes i am like the heck with it, I am going to sell it but when you have to look for your daughters interest, it is a difficult situation. I don't know what to do, i am lost. I also, do not want to get screwed. I am in a big dilemma.

Remove my name from mortgage & title of home

kg4u2 — Thu, 12 Aug 2010 14:35:33 GMT

Is there a legal way for me to remove my name from the mortgage and title of the home without jeoporadizing my portion of the equity prior to the divorce being finalized?

Marital Home Foreclosure

Help_Mike — Mon, 16 Aug 2010 20:15:56 GMT

IF the marital home is noticed for foreclosure before the divorce is final, does the non-(marital home)residential parent still have an argument for proposed "value" from when the divorce proceedings began based on an appraisal done 2-3 years ago?

Does anyone have the rule governing this?

Post Divorce Enforcement

Schillerdog — Sun, 15 Aug 2010 16:56:32 GMT

I live in maine. I divorced my ex-wife in February of 2009. She now lives in Pennsylvania. As part of the divorce agreement she was to assume responsibility for 2 student loans that I signed on that were used for her education in Pharmacy School such that my responsibility for these loans would be extinguished. They total $69000. She has not done this yet. In January of 2010 another hearing was held. She did not show up. She sent a letter to the judge stating that she was fully aware of her oblibgations and that she fully intended to pay the loans. A separate court order was issued ordering her to fulfill her obligations. She was also ordered to reimburse me for attorneys fees, loan payments that I have made, and miscellaneous fees associated with managing the two loans. She still has done nothing. I have a contempt hearing on September 10, 2010 and am 99.99% sure a contempt order will be issued. She has been served a supeona ordering her to show up in court on that day.

My problem is this. I am out of money for an attorney and am having to represent myself at least until I get my tax return in 02/11. Once I have a valid contempt order, what are my options to collect the money I am owed. She is licensed as a pharmacist in Pennsylvania and Massachusetts. She is working as a pharmacist in Pennsylvania. She has defaulted on every single debt she owes other than the two loans I signed on. As a result there is very little chance that she would be able to secure financing in the amount needed to pay off these loans. One option I have considered is wage garnishment. The other option I have considered is to ask the judge to issue a civil warrant for her arrest. Once she is detained my hope would be that, since her family has money, they would settle the debt to get her out of jail.

Please reply with ideas on how to collect the money owed me so I can close this out and move on with my life. Along with your ideas I will need to know the basic proceedures and forms necessary to carry out these ideas so I can begin preparing for my court date.

Thanks.

Do I have a stake in the marital home?

Michigan Hunter Cindy — Wed, 04 Aug 2010 17:39:05 GMT

STBX is filing a request to have the court order me to assume paying half of the bills in the household or move out of the marital home....but here is what is interesting.....We married 2 times. The first one ended after 3 years and I did not contest the divorce. He got the house, since he had purchased it in his name 3 months prior, I really had no vested interest in it. I purchased my own home. We maintained our relationship and remarried 3 years later. We had our paychecks direct deposited into my old account, which now had him as joint owner. We paid all the bills out of this account including the mortgage and utilities.

When I say I have equity in the marital home, I am subtracting the amount of equity he put into it at purchase, plus the portion that is his because he was there 3 years while we were divorced. But, when I remarried him, and co-mingling occurred, doesn't that give me equity of the portion after the first 3 years and until filing of the value of the home?

STBX is stating that he wants me to pay the bills or move out of the marital home, "which after all was awarded to the Plaintiff in the previous divorce of the parties and continues to be titled solely in the Plantiff's name and such other and further relief as the Court deems appropriate. Isn't this just an attempt to claim I don't have equity in the house? If he married Wife X and he bought a house in his name, and a few months later they divorce...I can see how he would get the house. But, if he married wife Y, and they start sharing the mortgage, bills and comingling their incomes into a joint account....isn't it like saying that wife Y isn't entitled to anything because he got the house in the divorce of Wife X? It should not matter that I am Wife X and Wife Y. As wife X, no, I wasn't entitled, however, as Wife Y, I sure am, minus the factors of premarital equity.

We go to standby trial on Monday. I was so hoping it would be over, but it doesn't look like that is happening. Any thoughts, ideas, comments, encouragement?

Inheritance & Community Property in California

BarbieR — Thu, 05 Aug 2010 20:20:10 GMT

My husband (75 years old & I (62 years old) were married for a number of years when his mother passed and left him a small inheritance. With that money we purchased our home cash (mobile home in a park). The home is in both of our names. Is this considered community property? Do I have any legal rights to this house in the event of a divorce?

Messy Moore Marsden

DavidRG — Thu, 29 Jul 2010 19:25:13 GMT

I have a fairly standard Moore-Marsden situation, with some complications. I owned a duplex before marriage, we lived in one of the units for the 19 year marriage.

First, I paid all of the housing expenses (mortgage, insurance, taxes, repairs, improvements) out of my checking account, which I used for all purposes, including the business I run. My wife had a separate account. Neither of us had access to the other's account. I deposited the rent checks from the other unit (income derived from a non-community source) into my account. Account records are spotty, covering perhaps 1/4 of the time of the marriage. I understand that, unknown to me, my separate account is not really mine, but community. I also understand that if I can demonstrate the flow of separately derived income, the presumption of it being 'gifted' to the community through 'comingling' can be challenged.

First question is, does the existence of a written lease with the tenant, which covers the last 5 years, constitute enough proof to negate the argument of comingling, at least for that period?

Second, with the bank records that do exist, often I would make deposits of several checks at the same time. Assuming that the lease is not sufficient proof, how do I demonstrate the flow of separately derived income into my account? Will I be limited to only those deposits that were for the exact amount of the rental income? Can I even claim any of these, in the absence of a consistant pattern?

Another area concerns the mortgage payments. Again, records are spotty. The original S&L folded, as did the S&L that took over, and there are no records available from the institution that took over from them. The current mortgage, obtained as a 'no-document' loan, is a variable, and the payments were almost always electively for more than the standard required, a process I engaged in to speed up the payback of the loan. I remember the fixed rate on the original loan, I think the one that replaced it was a variable. How is the amount paid to principle determined in this kind of situation? Is the burden of proof on me, or my wife?

And speaking of the refinance, my wife signed a quitclaim, the loan was a no-document, but no proof of this exists. The original loan application does not exist, either in my records or in the S&L that took over from the one that failed. The loan broker, when asked, informed me that the particular S&L was used 'virtually exclusively' for no-docs. How much at risk am I for having the loan challenged as a 'community' application? Is a signed, notarized statement from the loan broker worth anything?

Who gets the Car in California?

ayatollahofrockinrolla — Tue, 27 Jul 2010 17:46:16 GMT

In the process of going through a marriage dissolution in California as it's been just under five years of marriage. From what I have been reading on this site, I'm in no danger of having to pay alimony for such a short marriage.

Our only big item purchase during the marriage was a used car I payed $7,000 (when I was doing well financially) + $1,500 in repairs, and is now valued at around $4,000. I originally bought the car for myself during the marriage I agreed it would become her main mode of transportation while we were married. We are both on the title.

Now that the marriage has soured, I would like to know if she is entitled to half the value of the car. She wants to sell it to have the money, I want to keep the car. Am I obligated to sell the car and give her half?

Contempt of Court??

Tamby — Thu, 22 Jul 2010 14:58:14 GMT

My boyfriend and his ex were court ordered to have each others names removed from their respective car loans during their divorce in 07. He had her name removed and has since paid off the vehicle that was his, last week he filled out a credit app for a used vehicl, he was told there was no way he could get a loan since he had a repo in April. His ex never removed his name and is late almost 800 days, the vehicle was reposessed and now it is in collections. He was never notified by the bank that the loan was in extreme default, but since she never removed his name he is still responsible for the loan amount of over $11,000.

My question is...what actions can he take against her? What exactly is he now responsible for, since his name was never removed I kow the creditor does not care about their divorce.

Accountable Debt Distribution

Help_Mike — Mon, 19 Jul 2010 19:23:30 GMT

I have read several posts regarding the splitting of debt and the subsequent filings of banruptcy. Is there a way to ensure the party ordered to pay a particular marital debt cannot get out of paying it or have the debt transition back to the ex if he/ she does file one of the qualifying chapters? What's the terminology or correct order relating to this issue?

spousal support and assets division

MsMattie — Mon, 19 Jul 2010 20:28:43 GMT

My husband of 3 years says he wants a divirce. He states " that he's selfish and doesn't want to continue to hurt me ". We live in his duplex that he owned prior to us getting married. He told me that he wants me out and for me to go live with my mother.He has not serve me the papers yet. We do not have children together.

We have not purchased a home together: He lost his job two years ago and I placed him on my then health benefits at my job. I was layed off and had to get a pt job, since then he has gotten a fulltime job and elected not to place me on his health benefits: so I do not have health coverage as his wife.

Do I have to leave since he wants me out ? If i leave does he have to provide temporary spousal support ( we live in Pa.). Since we did not purchase the duplex which we live in together-do I have any claim on it?

And am I entitled to spousal support ; once we are divorce ? MsMattie

Property and Division for Divorce/out of control

Michigan Hunter Cindy — Tue, 29 Jun 2010 14:43:53 GMT

This morning STBX came to me and asked, "Don't suppose you know where my jewlery is?" To which I replied, "No". He said, "no, of course you don't, but 2 of my rings are missing." And then he walked away. It is not my job to keep track of his belongings, however, I don't enjoy being acused of taking them. He got them as gifts, from me, and never wore them...that was 13 years ago, just before we got married.

So, today, I think his comments are said because he is trying to establish he doesn't have jewelry now, or he is acusing me of taking them. He just keeps playing these stupid games.

He has in the past, in anger during a fight, taken off his wedding ring and thrown it into a river and once in the woods. Then he reverted to wearing a band from one of his previous weddings. I can't prove that he does this, but he certainly has....so I believe if he is missing something that he is trying to cover for it being gone by accusing me of taking it.

Now, all of my jewelry, has been cataloged and listed as a separate inventory showing everything I have including costume jewelry. I did this because in his original proposed property settlement, he mentioned 'not disturbing my collection' "IF" I agreed to his proposal, which I did not. So I have it all listed, bagged up in 2 equal bags of jewelry, and am prepared to surrender it if told to split it. I'm thinking STBX will look very 'cute' wearing my jewelry.

I have no way of knowing what STBX is thinking, when these went missing, if they are missing or if this is just another one of those empty content days where he is just picking away at my confidence and trying to get me out of the house.

2 nights ago STBX's attempt was to 'tell me to go to bed at 10:30pm, stop using the cell phone and get off "HIS" computer. His final comment was, "You are only in my house because of my good graces because I can have you put out at any time." Although alot of 'come-back' thoughts were racing through my mind, I managed to keep my mouth zipped.

All I keep doing in response to this is document the episodes, keep my thoughts to myself and just try to get through another day.

debt reduced in bankruptcy paid by spouse

ca1234 — Thu, 08 Jul 2010 22:25:05 GMT

My STBX filed Chapter 13, and got his debts reduced. The debts were originally community credit card debt, but when we separated I kept paying on the approximately 60% of the credit card debt that had been in my name and he was supposed to (but not court ordered to, as of yet) pay on the approximately 40% of the card debt that was in his name. He didn't pay anything, and lots of interest and penalties accrued over the 6 years since the date of separation.

The collection agencies that the credit card companies sold the debt to came after me for the difference between the portion the bankruptcy reduced his debts to and the total. In our property settlement, can I use the amount I have to pay the creditors as an offset to the portion of my pension he is entitled to?

Or once the bankruptcy is finished and he is no longer liable for the debts do they become non-community debts?

Submission or omission of supoena'd documents/witness list

Michigan Hunter Cindy — Wed, 14 Jul 2010 23:15:33 GMT

I've posted before about property and division....and my divorce is going to trial.(I just think this is a different type of question than I have asked in my other posts) I just got to see the documents submitted by STBX. When asked for bank statements for the past year prior to filing, he comes up 2 months short, and in his explanation, says I have the last 2. Ok, that is just plain not true.

That explanation still doesn't satisfy the supoena....why can't he go to the financial institution and ask for those 2 months? I certainly know it can be done...I've had to do it. What a lame excuse. I think he is trying to hide some withdrawls or deposits near the time of filing.

For those of you who have had to deal with getting these documents....is it common to just plain omit things being requested and to just give the documents without putting them in any order? STBX is an organizational freak....this appears to be an attempt to frustrate me to get me to give up. Any pointers on how any of you handled this situation?

Instead of responding with each point on the subpoena, STBX's lawyer typed another letter and rephrased the verbage which makes it incredibly difficult for my side to interpret and organize. My first instinct would be to do the same thing, but I decided I won't stoop to those levels.

One more question...about witnesses....I know know that I don't get a copy of his witnesses nor does he of mine. How does one try to anticipate questions that could be raised of the witnesses? Obviously nobody gets any time to plan for what the other's witnesses are going to say or what questions the opposing lawyer needs to ask.

Bankruptcy and Epstein Credits

jamesTkirk — Tue, 13 Jul 2010 16:44:28 GMT

I am paying the mortgage on the CP house and living there. The rental value is far below the mortgage and home equity line payments. She actually lived there before me and claimed this so she could get Epstein Credits when she was paying the mortgage etc. She then abandoned the place and I moved in to prevent foreclosure. So, what's good for the goose .. it seems like I should also get Epstein Credits since I'm now forking out $3K for a place worth $1.5K. The value of the house is very slightly underwater (not by much).

We do not yet have a property settlement and the divorce is not final.

The issue is that she claims she's filing for Chapter 7 bankruptcy. I don't qualify for Chapter 7 so I can't do that. On the debt side of things, it seems like this moves the mortgage and home equity lines onto me plus back mortgage payments, property taxes, and so forth. Of course, she's still on the deed so I can't do anything with the house.

The question is what happens after she files for bankruptcy. Do I still get Epstein credits? Since she's still on the deed; can she sit around for ten years waiting for the value to go up and then claim half the house even though she bailed on the debt?

Divorce and Credit Report and Debts

Michigan Hunter Cindy — Wed, 23 Jun 2010 00:07:00 GMT

Credit cards opened during time of marriage and only in 1 person's name...are they automatically the responsibility of the one who opened them?

Copies of last 3 tax returns for Divorce Trial

Michigan Hunter Cindy — Tue, 06 Jul 2010 23:48:15 GMT

My STBX and I filed separate tax returns over the past 3 years. One of the items my lawyer is having me obtain is the last 3 tax returns. I have 2009, but 2007 and 2008 are mysteriously missing. I went to IRS website to see if I could get copies of those 2 returns and they want $57.00 each.....I can get the transcript of those 2 returns.....will that be enough? I'm assuming it will show the same information that the lawyers want...what I make each year. Is that what they are seeking from those returns.

The Judge had been in the law firm that is representing STBX

Michigan Hunter Cindy — Tue, 29 Jun 2010 15:23:29 GMT

I was doing some research to see what, if any, information I could find as to how this Judge reacts to property division, etc. What I found out is that this judge used to be part of the law firm that my STBX is using. We are talking 3 years back, and now he is a Judge.

I do have a call into my lawyer about this....seems to be that having been in the same law firm that this could produce an unfair trial.

What, if anything would you suggest?