QUESTION
Can he really make me get out and take my retirement and make me pay that much for the house?
Asked on Jun 21st, 2013 on Divorce - Alabama
More details to this question:
My husband has been married for 45 years. I am 67 and he is 66. He wanted to kick our son out of the house and I said no he said call the cops and have him put out because he was playing the music to loud. I said I was not calling the cops so then he started on me telling me telling me I was fat, ugly and me wearing new clothes is like putting lipstick on a pig. Now he wants me out of the house and half of my retirement and $100000.00 for me to pay him for the house. Last year he was going to kill me and our son took me to my sisters and I stayed with her for about 4 days. But he told me to get ready to meet my maker. He said he was going to cut me from my head down with one of his machete. He even stabbed the knife in one of our end tables to show me what he wanted to do to me.
6 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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If your husband is violent or has threatened violence, you should consider getting a protective order against him so you no longer live together (he would have to leave the residence). If he hasn't done this in over a year, it was too long ago for a protective order to issue now, but if he does anything like that again you can get one. Nevada is a community property state, so all of your assets and debts are subject to being divided equally. He gets half of everything you have, and you get half of everything he has.
Answered on Jun 24th, 2013 at 9:58 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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In Nevada you can apply for a restraining order and ask the court that he be removed from the house becuase of his threats. In Nevada he is entitled to 1/2 of everything accumulated during the marriage that cannot be traced to separate property (ie. property you had before marriage, inheritance, and most personal injury awards
Answered on Jun 24th, 2013 at 2:48 PM
Divorce Attorney serving West Bloomfield, MI
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The Law Offices of Laurel Stuart-Fink, P.L.L.C.
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What you need to do is leave that house, get to a safe place and obtain a personal protection order. Then, hire a family law attorney and file for divorce. Your attorney will help protect your assets and ensure that you get what is fair and equitable.
Answered on Jun 24th, 2013 at 2:47 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If he's threatening you, it may be possible for you to get a protective order and have him removed from the house. Speak with an attorney immediately.
Answered on Jun 24th, 2013 at 9:12 AM
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If you divorce and he takes the house, he will likely be the one to pay you for it as it would be an asset he received. There are a number of factors a court looks at in dividing the assets and debts of a marriage. Another issue I am wondering about: you mention one other instance of abuse prior, but you did not state if this is how your husband has always been or if this is a change. If it is a change, consider whether he could have onset of dementia or some similar and you may wish to discuss guardianship as well as divorce with an attorney.
Answered on Jun 24th, 2013 at 9:02 AM
It really sounds like to you need to speak with a family law attorney sooner rather than later. There are court actions that can be filed to protect you and your son from your husband's threats if you truly feel threatened. In addition, even if you and your husband divorced, the court has to look at the totality of the circumstances and try to make a fair and what we can equitable division of the assets. These will include but aren't limited to houses, rental properties, vacation properties, time shares, personal property, checking and savings accounts, CD's mutual funds, stock and stock options, interests in businesses, retirement accounts, cars, motorcycles, and any other items you and your husband accumulated during your marriage. You may also want to consider calling your local crisis services office to assist you during this time.
Answered on Jun 24th, 2013 at 9:00 AM