Start Your Divorce Today - Premium Divorce Online

Topic Options
#32078 - 09/19/05 08:45 PM little help?
sdwhyme Offline
recently joined

Registered: 09/19/05
Posts: 3
Recently I married someone that I had lived with for about ten years. We got married 3 years ago. She just left me and now wants half of the assets. Many of these were purchased prior to our marriage (living room set, stereo, wine collection, 65"tv etc). I owned the home prior to her moving in and my name is the only one on the mtg. Is it possible that she can take half of the assets.

On a side note (I am sure that isnt worth much but) when she moved in she was in debt and struggling to make ends meet. She lived with me for free for the first 5-6 years (I paid for EVERYTHING) and I paid off a lot of her debt.
Not looking for a pat on the back but trying to point out her level of contribution ...

Any help/direction is greatly appreciated...

Top
#32079 - 09/19/05 10:37 PM Equitable Distribution in New Hampshire [Re: sdwhyme]
Cinder2 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 4361
Loc: Southern California
Dear sdwhyme,

Here are the laws for distribution of property in New Hampshire. You would think that the judge would not give her half of your assets due to your previously owning the house, but according to this the judge _could_ divide everything in half if he/she thought it was 'equitable'. I'd get a good lawyer if I were you.

Cinder

PROPERTY DISTRIBUTION: New Hampshire is an "equitable distribution" state. The court will divide all of the spouse's property, including: (1) gifts; (2) inheritances; (3) property acquired prior to the marriage; and (4) any retirement or pension benefits, as is equitable and just. An equal division is presumed to be equitable. The factors for consideration specified in the statute are: (1) the length of the marriage; (2) the age and health of the spouses; (3) the occupation of the spouses; (4) the vocational skills of the spouses; (5) the employability of the spouses; (6) the value of each spouse's property; (7) the amount and sources of income of the spouses; (8) the liabilities and needs of each spouse; (9) the opportunity of each for further acquisition of capital assets and income; (10) the ability of the custodial parent to engage in gainful employment without interfering with the interests of any minor children in custody; (11) the need of the custodial parent to occupy or own the marital residence and any household furnishings; (12) the actions of either spouse during the marriage which contributed to the increase or decrease in value of any property; (13) any significant disparity between the spouses in relation to the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse to the care and education of the children and the care and management of the home; (14) the expectation of any retirement or pension benefits; (15) the federal income tax consequences of the court's division of the property; (16) any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss; (17) the value of any property acquired prior to marriage or exchanged for property acquired prior to marriage; (18) the value of any gifts or inheritances; (19) any direct or indirect contribution to the education or career development of the other spouse; (20) any interruption in education or career opportunities to benefit the other's career, the marriage, or any children; (21) the social and economic status of each spouse; and (22) any other relevant factor. [New Hampshire Revised Statutes Annotated; Chapter 458:16-a].

Top
#32080 - 09/19/05 11:14 PM Re: Equitable Distribution in New Hampshire [Re: Cinder2]
sdwhyme Offline
recently joined

Registered: 09/19/05
Posts: 3
Thank you Cinder2. I appreciate your response.

Top
#32081 - 02/07/06 12:30 PM Re: Equitable Distribution in New Hampshire [Re: sdwhyme]
nh_justme Offline
recently joined

Registered: 02/07/06
Posts: 3
Loc: New Hampshire
Am I the only one who thinks the whole concept of equitable distribution is insane? My husband of 18 years has cheated on me endlessly and I finally decided enough was enough. There have been times when he wasn;t contributing to pay the household expenses. He has just up and decided to not come home for various periods of time. Yet, now I have to worry about a judge splitting things down the middle and me having to buy him out of the house....I'd have to refinance and add $50-70K to my mortgage....and he gets to walk away with all that $$??? So he cheats, and he gets rewarded and I get screwed? What's up with that????

Top
#32082 - 02/16/06 04:35 AM Re: little help? [Re: sdwhyme]
needy Offline
enthusiast

Registered: 01/18/06
Posts: 312
http://www.gencourt.state.nh.us/rsa/html/indexes/458-A.html
check it out yourself. the judge may consider the 10 yr relationship in making the property division or just the 3 yr marriage. One contributes a lot more than just money to a marriage. It is best to reach an agreement together and that will probably be best if you asked what she wants and settle, A NH divorce can take several years and well over $10,000.00 for atty fees yet you can do it alone.

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: