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#751122 05/27/03 04:45 PM
Joined: Jan 2003
Posts: 493
F
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Posts: 493
Talking wiht my STBXW, she claims that we should split any equity (house & cars...) 50-50, but when it comes to debt(s) (credit cards, car loans) we should split that based upon % of household income. I told her that she was nuts.

I said to pick a % and use it for ALL equity and debts. She said her lawyer told her that.

I provided about 2/3 of the total household income, and I would love to use that for everything because I would come out way ahead.

This is my only divorce (and last) any thoughts here? I meet with my lawyer later this week and thought I would get some opinions her first.

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I'd say talk to a lawyer yourself, don't trust what she says her lawyer says. Where I live, it's 50/50 debts and assets, period.

Jen

Joined: Mar 2002
Posts: 270
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Actually, you could write it up however you want. However, either party would be stupid to give up less than 50/50. So, in theory, you should split everything 50/50.

What xW and I did (and haven't completed because we can't yet) is agreed that the proceeds from the house sale should cover the joint debt. From there, we split the cars and the leftover money. She also will make me a substantial payment based on her car being worth more.

Write it up how you want...but don't believe her when she says that.

Joined: May 2003
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When I got divorced 6 years ago, I didn't force the 50/50 issue. I played "nice" in an effort to maintain a friendship. Since I was the one who left, I didn't ask for anything. He kept the house and all its equity, all our furniture and other belongings. I didn't even make him refinance and take my name off the loan.

A year later, he was engaged again and all thoughts of civility had clearly worn off. I was portrayed as having left him with nothing but the clothes on his back. Interestingly, they got married soon thereafter, sold the house and made over $45,000 profit from the sale.

Get a lawyer and do the 50/50 thing.

Joined: May 2002
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All depends, on who was the bs and wayward spouse. A WS can lose more if he was caught in lust. Also, who made the most money during the marriage. There are many things to think about, and also, to think about who is going to make the majority of the money after the divorce.

Looking at divorces, someone was the liar and cheater. There was always someone. Adultery is a sin, and can be used against the adulterous soul. Also, the assets can be split differently.

Just look into who is going to get burned more. Do you want to see that person left without luxury of any type. I would want to be fair to my spouse, if I was the Wayward spouse, and made as much money as my stbxh does. Now for myself, I will have to work until the day I die. I am more mature now (yep the wrinkles are there), I have a disability of my R arm. Been a stay at home mom and been doing husbands books and things for his business without pay since 1990 fulltime. So I my wife did this all for me and the family, I would be more than appreciative, and give more. After all, knowing the wife is limited on income coming in, I would be willing to share everything I got with her. But that is a caring individiual I am. Most people wouldn't consider their spouse after divorce. I am finding that out, with my divorce.

Look into the future, and the pain and struggle each of you are going to have. Try to make it easier on each other, if you love each other. After all you did love each other very much at one time.


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