jdubbish
recently joined
Reged: 05/22/13
Posts: 1
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I have finally asked my wife for a divorce from our marriage that has lasted just under 3 years. We started having complications when she had an emotional affair with a coworker after the first year of marriage. I subsequently cheated as a reaction to her affair, and then we reconciled for almost a full year, bought a house, and then she started her affair again (about 3 months ago).
All of our finances are in both of our names, and I have offered to take care of our debts (house payment, $35K in personal loans, $5k credit cards, and two cars) on my own except for her car (one of the two previously mentioned). That means I would get the house that we bought last August which currently has less than $5K in equity.
She is refusing to leave our house (I can understand this part, and am willing to work with her through the divorce process), and also unwilling to accept my offer. She is determined to find an attorney and fight me on it.
What I'm not clear on is what can she fight me for? The best case she would get through a complicated set of hearings is half of our debts and a large attorney bill.
Am I correct in thinking she has no rights to the house since she can't afford it (she recently quit her good-paying job to work as a nanny for her sister's kids, under the table nonetheless).
I know most people will say to seek legal advice from an attorney, but I am trying to avoid accruing more debt than necessary during the divorce process. I can file all the legal paperwork myself, but if she's stuck on fighting me what advice can you offer me?
Thanks for your opinions.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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She has rights to the house, as it will be considered marital property -- but I'd have to wonder why she's fighting for it.
Bottom line is you're willing to assume all the debt **as well as any LOSS of equity in the house**, she makes her own car payment? I would suspect someone is telling her that she should get half the equity in the house and to fight for it.
Have you given her a set of actual numbers so that she can see what the house is worth and the possible equity/non-equity in it? If she wants half the equity, then she needs to be responsible for half of any loss you may take on the property if it's sold.
Me? I'd have signed the papers already....you might want to get an attorney for a free consult -- there's really no reason that you have to shoulder all the marital debt. If she's working under the table, a salary may be imputed to her, based on how much she has made previously.
Can't see a better ending for HER other than what you've offered.
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