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Onyx
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Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
the house, and personal injury money
      #1147 - 08/03/04 04:13 AM

Hi, I live in NY state. I supported my H for 5 years while he couldnt work. When he got his personal injury award (350K) he bought our home, in cash, fully paid it off. He *willingly* put my name on it with his (on the deed) He then decided to have a GF about a year later,I found out and threw him out. (he also pushed me down the stairs when I confronted him...so throwing him out was a gimme) and come to find out, he spent his settlement money down to zero. We have a 3 year old child together, that he refuses to see, and refuses to pay child support for. (he has been gone since October '03). He is fighting me for the house. (105K value) so he can sell it and move to FLA. Anyone else have a situation like this? My lawyer is asking the judge for the house in lieu of child support. Of course, H is lying and says he pays it. When the judge asked what he spent the remainder of the money on, he replied "a snowblower, lawnmower, and clothes and jewelry for my wife" Dont know who *he* was married to, but I didnt get any clothes or jewelry. I am sick over this. We chose this house and neighborhood so we could raise our son, and now he wants to take it from him. Its not as if I am the one who filed for divorce, or even caused this divorce. The money messed his head up. We are waiting for the judge to render his decision about the house. In the meantime, I sit here, worried. Any advice? Thanks, and Blessings, Onyx

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"Don't Make Me Get My Flying Monkeys"


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Gecko
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Reged: 06/01/04
Posts: 19807
Loc: Third rock from the sun
Re: the house, and personal injury money [Re: Onyx]
      #1153 - 08/03/04 12:32 PM

Sorry, but no Judge is going to order the house in lieu of CS. Chances are that you are going to have to sell the house.

Don't know what else to tell you.

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If you air your dirty linen in public, expect people to comment on the skid marks!


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Onyx
old hand
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Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
Re: the house, and personal injury money [Re: Gecko]
      #1168 - 08/03/04 03:32 PM

My lawyer cited 4 cases in which judges awarded personal property for CS in NYS. He seems pretty confident. I'm still going to hope, thanks though. What state are you in? I see that you are a legal sec. Can you ask the lawyer that you work for if he or she has ever heard of this in your state? Just curious. Thanks again. -Sue

--------------------
"Don't Make Me Get My Flying Monkeys"


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Onyx
old hand
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Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
Re: the house, and personal injury money [Re: Onyx]
      #1820 - 08/26/04 03:57 AM

Well, its over. He got the house. I got SOLE custody... not joint. (Which I am really happy about) We have 60 days to move out. He then informed me that he is going to sell it right after we move, and wants to talk about me buying it from him with some $$$ knocked off for CS. He also talked about wanting to see the baby again regularly. He has refused to see him since Easter.
I told him that I would think of something workable for all of us, as I really dont want to move my children from this house. I was thinking that if he lets us stay here for one year, rent free, so I can repair my credit, then perhaps I can apply for a loan to buy it from him at a fraction of the cost, less his CS. Any thoughts on this?

--------------------
"Don't Make Me Get My Flying Monkeys"


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Gecko
Carpal \'Tunnel
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Reged: 06/01/04
Posts: 19807
Loc: Third rock from the sun
Re: the house, and personal injury money [Re: Onyx]
      #1838 - 08/27/04 01:46 PM

Since his CS will be going through the State, the best way to handle this is just to exchange checks. He's pays CS to the state, the state pays you, you then right a check in the same amount for "rent".

Also, make sure you get a one year LEASE with an option to "buy".

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


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Onyx
old hand
***

Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
Re: the house, and personal injury money [Re: Gecko]
      #1839 - 08/27/04 05:22 PM

Thanks Gecko, good idea... I can always count on you. Blessings, and Love, Sue

--------------------
"Don't Make Me Get My Flying Monkeys"


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