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whybother
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Reged: 06/06/07
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EVERYTHING is in his name. What are my rights?
      #246221 - 06/06/07 02:49 PM

My husband and I have been married for a little over a year. A week before we got married he bought a house, my name isn't on it anywhere. Am I entitled to half of the profits from a sale. I have put a lot of work and money into it, but don't have any receipts. I bought a truck last month, with only his name on it. However, I made the down payment, I make all the payments, and I carry the insurance in my name, which I also pay for. We have separate checking accounts, and he does not support me or my two kids financially at all. I am self-employed as a cna. He says that he provides a place for us to live, and that he can't afford to help me out at all. He makes about 70,000 a year, last year I made 10,000. Our 4-wheelers are in both our names, and he makes the payment on those. We each have separate credit cards and make our own payments. I got screwed a few years ago in a divorce, and I'm still not done paying on that, and I don't want it to happen again. I need some advise. I just want to leave with what is mine.

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Melody
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Reged: 06/02/04
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Normally, [Re: whybother]
      #246244 - 06/06/07 03:46 PM

in a community property state, both parties are equally entitled to the equity earned in home/property DURING the marriage. However, if you've maintained separate finances, he will likely be able to prove that you made no financial contribution to HIS home and thus you may not be entitled to any of the equity. As for your debts, it sounds as if you've already kept them separate. If the 4 wheelers were purchased during the marriage and the title is in both names, then they belong to both of you and must be divided. If the LOANs on the 4 wheelers are in his name only, then as far as the loan company is concerned, they are his responsibility. However, the debts are community property in that they were accumulated DURING the marriage. So I'm thinking sell one (yours) or both of the 4wheelers to pay off the debts on them. It sounds like the truck is yours, but why isn't it listed in YOUR name if YOU are on the loan. I've never heard of a finance company who allowed title to be in a different name than the one who is financing. Is the loan in his name or yours? If its in his name, then walk away, but demand your down payment back in the settlement.

From what you've written, it doesn't sound like you have any assets to walk away with other than your personal property (clothing).


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whybother
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Re: Normally, [Re: Melody]
      #246347 - 06/06/07 08:17 PM

The loan and the title for my truck are both in his name, I just make the payments. The four-wheeler loans are in both our names.

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denied37
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Reged: 12/30/05
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Re: EVERYTHING is in his name. What are my rights? [Re: whybother]
      #246651 - 06/07/07 12:21 PM

I'm kind of in the same boat. I talked to a lawyer, and he said, even though the house is just in his name (I had bad credit from my first divorce) that I could still be entitled to the equity because the down payment was paid for with community funds, meaning both our checks went into a joint checking account which paid the mortgage and the down payment came from this account where my checks were deposited.

The car I drive and the car my daughter drives are both financed through his name, but because I can prove that the payments are coming from my separate funds (child support) I would get both cars even though my name isn't on either one.

Call and talk to an attorney to find out exactly for your state, most offer free consultations


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Relayer
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Re: EVERYTHING is in his name. What are my rights? [Re: denied37]
      #247119 - 06/08/07 06:50 AM

Quote:

I'm kind of in the same boat. I talked to a lawyer, and he said, even though the house is just in his name (I had bad credit from my first divorce) that I could still be entitled to the equity because the down payment was paid for with community funds, meaning both our checks went into a joint checking account which paid the mortgage and the down payment came from this account where my checks were deposited.

The car I drive and the car my daughter drives are both financed through his name, but because I can prove that the payments are coming from my separate funds (child support) I would get both cars even though my name isn't on either one.

Call and talk to an attorney to find out exactly for your state, most offer free consultations




Why are you paying for YOUR car out of child support? That is a misuse of funds.

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GO CUBBIES!!!!


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denied37
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Re: EVERYTHING is in his name. What are my rights? [Re: Relayer]
      #248515 - 06/11/07 03:28 PM

What I meant was that their child support and MY paychecks go into a separate accountwhich the car payments were made from (my car has been paid off for two years) and I'm making the payment on her car.

I know child support is a big thing for a lot of people, but in no way would the 400.00 a month my ex pays and has paid for the past 11 years, and not helping with anything else would allow me to live at home and not work.

The 400.00 doesn't cover the car payment, insurance payment, and tags, maintenance etc. nor the expenses of the other child who will be 16 in one year.

Besides if I want to use part of the child support to pay for my car, that's what it's for. My kids certainly aren't going to get to and from school activities without one. Maybe you shouldn't be so quick to judge others because you have a f---ed up life. My ex and I get along just fine, and in no way is he being screwed over, in fact I worked two jobs when my kids expenses increased, and I didn't want to increase his child support even though it had been way overdue.

Besides the point was that the original poster could be entitled to more than what she figured.


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Renee
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Re: Normally, [Re: whybother]
      #248662 - 06/11/07 08:24 PM

If the truck loan and title is in his name quit making the payments. You are not legally obligated to do so, or to pay for his insurance on it either. He's got a job and more income - he should be paying for his own ride.

As for the 4wheelers, either he refi's the loans in his name or you sell one or both of them to pay down your 1/2 of the loan.


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yregna
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Re: EVERYTHING is in his name. What are my rights? [Re: whybother]
      #249478 - 06/13/07 04:06 PM

Your husband is smart, here is hoping you get screwed again. Lucky guy !!

--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"


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TheTVDudedede
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Reged: 01/19/11
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Hi, I'm new to the forum [Re: yregna]
      #726534 - 01/23/11 10:41 AM

Hello,

I'm an avid Family Guy Fan, have made my own website - see my signature if you want to view it.

Just browsing the forum as I am interested in it.

Hoping to get to make some ebuddies here!


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