QUESTION
What are my rights when my wife and I divorce?
Asked on Jun 06th, 2013 on Divorce - Florida
More details to this question:
My wife is planning to divorce me soon and she has her house and her car under her name only and other under both of our name. We still owe money for the bank on it, and a credit card bill. I do not have a job or income and she has a job and income. My question is, I want to know who will be responsible for the credit card bill and do I have rights in the house or the house will be given back to her?
6 ANSWERS
When you go through a divorce, both parties keep everything that is separate property, such as property acquired prior to the marriage, while they divide all marital assets and debts by equitable distribution. In most cases, the easiest and fastest way to resolve a divorce is to split all marital assets and debts equally. However, it will be up to both parties and their attorneys to hopefully work out an amicable solution so that a long and drawn out divorce case can be avoided.
Answered on Jun 06th, 2013 at 9:30 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Assuming you are in California, you will have community property rights to everything acquired during marriage, including the house. She may get to t\keep the house but you can receive reimbursements. You really need some legal help here. You should also qualify for Sousal Support. There may be a self help center at your local court house where you can get some help.
Answered on Jun 06th, 2013 at 9:30 PM
Carolyn Roschelle Jones
If your wife bought the house prior to the marriage their may be argument that it is nonmarital property. If she bought it during it is marital property. As for the car you could request the one that is paid off. In order to fully answer your question I would require more details.
Answered on Jun 06th, 2013 at 9:29 PM
Assets purchased and debts incurred during the marriage are community property of both spouses and subject to division upon dissolution. The title alone does not determine how the court will characterize an asset, particularly when both parties contributed to paying for something, like the house. You should consult a family law attorney to review all of the facts and advise you.
Answered on Jun 06th, 2013 at 9:29 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
Whether assets or debts are community property (owned equally) or separate property depends on several factors. First, was it acquired during marriage? If so, it is presumed to be community property unless there is a writing making it the separate property of one spouse. Also, if it was acquired as a gift or though inheritance, it is separate property, so long as it isn't co-mingled with community property. Some assets, such as homes, may be bought prior to the marriage, but have payments made during the marriage and therefore, the amount owed to the community must be determined by having a proper accounting done on the asset. These determinations can be complicated and it sounds like an attorney will be necessary to help you. If your wife is the primary earner in the marriage, she may very well be ordered to pay you Spousal Support and pay for your Attorney Fees. To hire an attorney, you may use community funds without advising her beforehand. Once you go through all the very specific issues of your case, your attorney will be able to help you look out for your best interests, both short term and long term.
Answered on Jun 06th, 2013 at 9:29 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
Read "thinking of divorce" on my website www.northtexasfamilylawyers.com for an outline of divorce procedures.
Answered on Jun 06th, 2013 at 9:29 PM