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#3947 - 10/30/04 02:15 PM house
helovesme Offline
recently joined

Registered: 10/30/04
Posts: 3
Loc: Texas
My friend, John, got married and almost 3 years into the marriage they moved into a house. John's brother moved into the house with them since they had been roomates before and his name and John's are on the contract to the house. When John gets divorced hows that going to work with both of their names being on the contract and can John's wife do anything?

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#3948 - 10/30/04 05:27 PM Re: house [Re: helovesme]
Gryph Offline
member

Registered: 10/12/04
Posts: 118
Loc: Minnesota
Are all three names on the deed?

I am certainly not sure, but I think if the two brothers names are on the deed then she is entitled to 1/2 of 1/2 of the equity in the house, if all three names are I think she is entitled to 1/3 of the equity. Any way you slice it there is some marital property in the house and she is entitled to 1/2 of that part of the property.

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#3949 - 10/30/04 09:06 PM Re: house [Re: Gryph]
helovesme Offline
recently joined

Registered: 10/30/04
Posts: 3
Loc: Texas
NO, not all three names are on the deed. Just John's and his brothers. I read that in 'fault' cases the judge will usually rule whats more 'fair' and not really 50/50 so what are John's odds if his (hopefully soon-to-be-ex) wife cheated and left like 3 times, and this time she's been gone almost a year. Also, shes crazy, shes bipolar/skitzo. Is she going to get more b/c shes freakin nuts and can't take care of herself and her mothers a crack-whore or will she get less because she screwed him over? Thanks.

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#3950 - 10/30/04 09:49 PM Re: house [Re: helovesme]
Gryph Offline
member

Registered: 10/12/04
Posts: 118
Loc: Minnesota
Be careful with the word ‘fair’ when it comes to the law and assets. Far too many of us view fairness as a manner of punishing transgressors, but the law doesn’t use asset allocation as a tool of punishment very often at all. On top of that, very few states have laws that make abandonment of a spouse or even adultery a crime, so the transgressions are really all social, not legal. If John is going to seek a fault divorce he will need a lawyer to answer his questions, there is almost nothing you or he can learn here that will be worth what he will learn from his lawyer. The one disadvantage of seeking a fault divorce is that almost everything will come down to he said/she said and the best liar will hold the day.

Unless there are huge quantities of marital assets that John can argue were his based on some income source beyond the scope of the couple’s income when they were married, he is probably better off just getting out and moving on. Vengeance is elusive and unsatisfying in civil court and it rarely relieves the unhappiness of the vengeance seeker.

It may vary state to state, but usually the behavior of the primaries has little bearing on the division of marital assets. I assume this was a short term marriage (less than 10 years)? That being the case, I wouldn't think she would be entitled to Spousal Maintenance, no matter what sort of condition she is in (assuming that condition isn't demonstrably John's fault).

Love and Peace

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#3951 - 10/31/04 10:08 AM Re: house [Re: helovesme]
Onyx Offline
old hand

Registered: 08/03/04
Posts: 816
Loc: Buffalo NY
Um, hmmmmm. Just because someone is bi-polar, doesnt classify them as a whack job (or freakin nuts as you put it) I know many "sane" people who would fall under the "freakin nut/whack job" category better than those who are bi-polar, or have any other mental illness. Key word here, ILLNESS. People with these Illnesses DO NOT need people like you adding to their mental anguish, by using words like this. There are many on this forum who are being treated for various mental illnesses, and I resent these remarks, as you may be hurting someones feelings! No, I do not have any of these illnesses, but I have many friends here (and in my personal life who do). You lost me on this thread because of this, and I really think that you need to read your messages before you send them, to be certain that you arent inadvertently hurting someones feelings. Just my two cents. Blessings, Onyx
e

[quote] Also, shes crazy, shes bipolar/skitzo. Is she going to get more b/c shes freakin nuts and can't take care of herself and her mothers a crack-whore or will she get less because she screwed him over? Thanks. [/quote]
_________________________
"Don't Make Me Get My Flying Monkeys"

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#3952 - 10/31/04 05:31 PM Re: house [Re: Onyx]
helovesme Offline
recently joined

Registered: 10/30/04
Posts: 3
Loc: Texas
Um, ok. Sorry to offend you or anyone else. I didn't mean for it to come out that I think that anyone with an 'illness' is crazy but she REALLY IS crazy. And she can't take care of herself. She cannot do anything for herself and no one can help her because shes not willing to help herself first. She wants everyone to do everything for her but theres only so much you can do for someone unless they are willing to help to and shes not. She wants everything handed to her on a gold platter. She can't work, she won't get an education, she won't cook, she won't clean. She bitches. She does that well, so I mean she's not totally without talent. I know that I sound like a real bitch but I don't have any patience for people like that. She refuses to do anything to help herself and I WILL NOT feel bad for someone like that. I'm realy sorry that I offended anyone because I didn't mean to and I know that everyone with an 'illness' isnt like her so sorry.

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