QUESTION
How much would he be entitled to if I filed for divorce?
Asked on Feb 10th, 2013 on Divorce - Florida
More details to this question:
My husband and I have been married for two years. The house is in my name, purchased by me a month before we got married. The mortgage is in my name only. I have a 401K. I also paid $16000 on his new truck. The loan for the truck is also in my name. The truck is in his name. I do not want the truck, but I do not want to get stuck with the $20,000 still due on the loan.
9 ANSWERS
Child Custody Attorney serving Oklahoma City, OK
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Carla L. Robey-Harcourt Attorney at Law
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Oklahoma recognizes separate, enhanced separate and marital property. Title is not the factor that determines whether how an asset is characterized. It is the source of funds used to acquire the asset and the source of the funds used to maintain/payments minus.any debt that will determine the equity in each asset. These determinations may or may not require experts. More probable than not, you will need an attorney.
Answered on Feb 13th, 2013 at 4:01 PM
You need to consult with an attorney who can discuss with you the financial aspects of your case. In Arizona, the courts allocate community assets "equitably." This usually means equally, but other factors come in to play. Without additional information, it is difficult to know exactly what a Judge will do. Good luck.
Answered on Feb 13th, 2013 at 12:24 AM
Traffic Tickets Attorney serving Provo, UT
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In Utah, matters of property distribution and debt division are settled on principles of fairness and equity. It's hard to determine exactly what the court would do, but it is usually divided on a 50/50 basis. Also, the parties are free to work out their own settlements and submit a Stipulation (or Settlement Agreement) to the Court with the terms they have agreed on to settle their property and debt division in their divorce.
Answered on Feb 12th, 2013 at 10:21 PM
When filing for your divorce we would put language in the petition stating the information you provided about the truck and in the final judgment we will put language that states he needs to be solely responsible for the truck. If you would like to discuss this further, you can contact our office for a free 30 minute consultation.
Answered on Feb 11th, 2013 at 11:59 PM
Carolyn Roschelle Jones
If is true that you have a strong argument that the house is nonmartial property. Is the truck in his name alone. Typically you would get your car and he would get his. Because of the short time frame for your marriage you could arguably leave with all of your property you can into it with.
Answered on Feb 11th, 2013 at 11:59 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If he earns more, you could get spousal support for a year. The truck debt has to be dealt with by the lender - only the lender can let you of the loand and put him on it. You have a right to be reimbursed the $16,000 IF it came from money you had before you married. He's got a small interest in your 401K (1/2 portion earned during marriage.) You should see an attorney.
Answered on Feb 11th, 2013 at 11:59 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Consult with an attorney regarding these property issues. It is possible that he will keep his truck and be responsible for the debt. He may be entitled to some equity in the house if it exists.
Answered on Feb 11th, 2013 at 11:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Call my offices or another attorney with the details. Generally you will split what was accumulated during the marriage. As for the truck, I suspect it will go to him with the debt which it secures. You problem will be if he does not make the payments as, even post divorce and if the order states he is to pay the debt, the bank will still be able to come after you.
Answered on Feb 11th, 2013 at 11:57 PM
John Arthur Smitten
You get half of the marital assets, i.e the assets aquired during the marriage.
Answered on Feb 11th, 2013 at 11:56 PM