sksmom
recently joined
Reged: 12/28/08
Posts: 5
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My ex husband is getting divorced from his 2nd wife. I have 2 kids with my ex and we share custody (split 50/50). My ex told me he is afraid his 2nd wife will try to take the house and that she is entitled to half of my kids college savings. I heard thats not true because they have been married less then 10 yrs. We live in Michigan. Does anyone know anything about this? I get along with my ex pretty well. My concern is for my kids. I dont want them to lose the house they have lived in since they were babies. My ex and I bought that house when we were married, when we split, I let him have it. When he re-married he refinanced the house and now has it jointly with his 2nd wife. I also dont want her to get half of my kids college fund, my oldest is a senior in high school this year and in the process of applying for college's. I asked my ex if he could put the college fund in my name or the kids names to keep his 2nd from getting it but he said no, its invested in some type of plan. She has 2 kids from her 1st marriage but they dont have any kids together so she wont get any child support from him. Does anyone know anything about this? thanks.
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spinnerdegrassi
Carpal \'Tunnel
Reged: 08/20/06
Posts: 7956
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My guess on the college fund is that possibly half of whatever he contributed to their fund during their marriage she'd be entitled to since he was using marital assets. As for the house, even with the refinance, i doubt she'd get the house. For one, he had to have some equity in it prior to marriage, and with the crappy housing market in Michigan, it's probably worth less than what it was worth prior to the refi, thus negating any attempt of appreciated value.
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guerino1
addict
Reged: 01/14/08
Posts: 525
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Hi Sksmom,
If your ex can show that he was contributing regularly, to the children's college funds, prior to the marriage, then it will be established as a post-marital expense that 1) she will not have access to and 2) will offset his income in alimony calculations. I hope that's the case for him.
As for trying to take the house, she can't just "take it". However, if her children from a previous marriage live with her and they're at high school age, it may make it hard for your ex to sell it, should he have to. As far as who get's it, post divorce, it's really up to who outbids who or who consents to the other having it. If neither one can justifiably prove why he/she should have it and doesn't want the other to have it, then the courts will probably order it sold (sad to say).
I hope this helps.
My Best,
FG
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