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jrobin Offline OP
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I will check with another attorney-I didnt like him that much-he didnt seem like he would fight for me-whatever made it easier for him it seemed.

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Here is what it says online -

Divorce Property Distribution
Nevada is a "community property" state. The spouses retain all of their separate property, acquired prior to the marriage or by gift or inheritance. The court will divide all of the spouse's community property and all of the property held jointly by the spouses, including any military retirement benefits. The following factors are considered:

The economic circumstances of each spouse at the time the division of property is to become effective
How and by whom the property was acquired
The merits of each spouse;
The burdens imposed upon either spouse for the benefit of the children
Marital fault is not mentioned as a factor. Either spouse's property is also then subject to distribution for alimony or child support. Separate property which 1 spouse contributed to purchase or improve community property may be returned to the contributing spouse.
[Nevada Revised Statutes; Chapter 125, Section 150].

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jrobin Offline OP
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Very interesting!! The atty I went to said that if I used the money to purchase a home which I did, then the money was spent and I would not be able to get nay of that back.

Thanks for looking that up believer!

Jennifer

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You will need to check with an attorney, but I read the same thing on another site in Nevada when you first mentioned the inheritance. On the other one it said that you would get the amount of your contribution back, but no income or appreciation on it.

So if the house was appraised at $100,000, and you put in $10,000, you would get that back and the remaining $90,000 would be split.

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jrobin Offline OP
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My 11 yo son is not handling me and my husbands separation very well. Yesterday my mom picked him up from school and he started crying about little things which is unlike him. Finally my mom said do you need a hug and he said no and she said well I do so he hugged her and started crying hysterically and told her that everything is catching up to him and he just wants to disappear.

Is it appropriate to tell my H this or will it go in one ear and out the other?? I was thinking about maybe writing him a letter and attaching a copy of the article about the effects of divorce on children.

Any opinions.

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Sending him a letter will probably go in one ear and out the other, even if the article is attached.

I would encourage your son to write to his dad.

Also let your son know that you have a plan.

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This morning my H cam and go this paycheck out of my pruse while I was in the shower-I told him how DS was feeling and H thinks it is being blown out of proportion.

He told me that he still wants to take the 2nd out on the house and that he will pay the whole bill and that he wants a divorce. He said that he wants to be in control of his own finances becasue he doesnt want to stay with his friend forever and his friend doesnt want him to stay forever. He sais that he does want a divorce. He said that he has very little contact with OW anymore.

He said he is a selfish SOB and that he doesnt have feeligns for me anymore. I told him I am not his enemy and that he has been treating me that way.

The other day 3 guys from work went out to breakfast and they asked me to go and he was upset that he wasnt invited. I guess he thinks we will be best buddies after we are divorced.

Help-I dont know what to do from here. He told me to tell me how much money I need to pay the bills I need to send out.

One of my friends is suggesting we refinance our mortgage and pay off all bills-cars, motorcycle, credit cards and then he will pay 1/2 the mortgage payment, child support and private school for son. Any thoughts on that?

I want to keep my house but wouldnt qualify on my salary to have loan in my name only which is what I would need to do I was told by attorney.

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"He said that he has very little contact with OW anymore."

Yeah, sure.

I would secure my finances. I would NOT refinance anything. See an attorney and protect your family.

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Don't go along with anything he wants. He is trying to negotiate an amicable divorce. I suggest talking with SH again, and going to a VERY DARK plan B.


Jim

BS - 32 (me)
FWW - 33
Married 8/31/03
No kids (but 3 cats)
D-Days - 8/25/06 (EA), 11/3/06 (PA)
NC agreed to - 11/8/06
NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07
Status - In Recovery
Jim's Story
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jrobin Offline OP
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Can anyone advise on this-the attorney I saw said that if I wanted to keep my home-which I do-that I would need to refinance it into my name only and give him part of the equity out of the house.

I was told by a friend that does mortgages that I would not qualify to have a home loan on my income. What choices do I have then?

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Could you keep the home with your income and child support?

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jrobin Offline OP
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No-I would have to have spousal support too-which I was told I am entitled to but since it's not a set amount theres no way of knowing how much that would be right now.

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Could you take in a roommate?

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jrobin Offline OP
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I have not posted in a long time-here is the latest

I have come to accept that my H and I will be getting divorced. I have found an atty I really like but I have not filed and neither has my husband.

We have had several conversations regarding money and to this point he has been good about giving me the money I need to support me and our son. Today he asked to talk to me-his latest and greatest idea is this: He now realizes that he cant afford to divorce me so he wants us to go to the bank and get a loan for approx $60,000-pay off the motorcycle he had to have and our credit card bills. Then I will stay in the house and he will help me pay the bills-we will stay married but not living together-until the time I can afford to pay for the house on my own-and then I would be responsible for the house.

I said let me get this straight-you want to remain married but live separate lives and I asked when do you think I will be able to afford house on my own?? He said when you get remarried... WHAT??? I couldnt believe my ears-he will then give me the divorce once I am about to get remarried.

He has lost his mind.

I also found out that he is renting a house from a friend of OW-he insists that nothing is going on with OW but I dont know if I believe him.

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Take him to the cleaners so he has some chances of waking up from the fog. Don't shelter him from the consequences of his actions. He is too broke to get divorced? His bad. He can lose all his money and all custodial rights to his child as well. Let him chew on that.


Jim

BS - 32 (me)
FWW - 33
Married 8/31/03
No kids (but 3 cats)
D-Days - 8/25/06 (EA), 11/3/06 (PA)
NC agreed to - 11/8/06
NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07
Status - In Recovery
Jim's Story
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