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Joined: Dec 2005
Posts: 52
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Everyone advocates NOT LEAVING. but my W is the primary income and the house is in her name... what are my options?
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Joined: Aug 1999
Posts: 15,284
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Posts: 15,284 |
Depends on where you live. See your lawyer about this. Most parts of the US spouses have rights so do your homework.
God Bless,
JL
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Joined: Sep 2004
Posts: 2,823
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Fighting, 1st of all I don't think that it is any different for you than it would be for a female BS.
You have rights, just because your WW decided to run off and have an affair doesn't mean that she can leave you high and dry, and wouldn't the house be marital property.
I think she would still have to meet her financial obligations.
-Caren
Always Look For Grace Given, Even in the midst of Grace Denied.
BS-Me 39
WH-37
Together 15 years
Married 12 years
7 kids total, His: SD20, SS18, Twin SS's 16.
Mine: DD22, DD15
Ours: DD12
Affair began Fall 04, Separated Fall 04,2 Failed Plan B attempts, False recovery of sorts Spring 05.......Still pluggin' away.
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Joined: Feb 2006
Posts: 2
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Joined: Feb 2006
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anyone else have input on this, I am in the same sort of situation?
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Joined: Jan 2002
Posts: 5,575
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i told my fwh...."good luck with that!" i wasnt going anywhere.....
what we do in life......echoes in eternity!
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Joined: Sep 2000
Posts: 10,060
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As a followup to JL's response, if you are married (as opposed to co-habitating) DO NOT LEAVE your home voluntarily. PERIOD!!!
See an attorney to understand your rights. These may differ from location to location.
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Joined: Apr 2005
Posts: 48
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Joined: Apr 2005
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Here it doesn't matter whose name the house is in, it is marital property, and would be divided 50/50. But, you have to check out the situation in your locale.
My H, at one point, put the home in my name. There were some smart legal reasons to do so. However, it did not change the fact that the value in the house was joint assets. In the event of a divorce, if he chose to fight it, he could get half of it. What's mine is ours...what he has hidden is his! (can't hide the house very easily).
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Joined: Feb 2006
Posts: 2
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Joined: Feb 2006
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problem is I am afraid if I make a stand here, she will just file for divorce, I don't want to force her into that decision. Right now she just wants a seperation for several months.
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Joined: Oct 2000
Posts: 35,996
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Right now she just wants a seperation for several months. the separation will make a divorce more likely
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Joined: Sep 2000
Posts: 10,060
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Don't believe the "several months" crap.
You leave voluntarily and several months will turn into forever. She'll likely file for dirvorce as soon as you're out - and you will have "abandoned" the home.
Make her make the "move" by staying put. Get legal advice on your options. She may well indeed file for divorce whether you move out or not.
You may very well end up "owning" half the home equity.
Keep your nose clean and don't do anything that could be used against you.
WAT
----------
WWPRD? - When I'm unsure of what to do, I ask, "What would Pat Robertson do?" THEN the answer is crystal clear!
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