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I have been married less than two years (July, 11 2010). I want a divorce. My husband contributes very little to the marriage. I am tired of taking care of him physically and financially. He is living in my condo. We have a joint checking/saving account. I also have a retirement fund and stock portfolio. He has nothing and he didn't bring anything into the marriage.
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Basically all property (except for inherited or specific gift to one spouse that has not been co-mingled) that is accumulated during your marriage can be considered martial property subject to the equitable powers of the court to divide between the spouses. You owned the condo before you were married and I am assuming you did not sign over 1/2 interest in this property to your husband after you were married. He could argue that he paid mortgage payments (if he actually paid) and therefore he has some equitable rights in the property. However it sounds as if your husband did nothing to acquire or maintain the property and therefore should have no rights or interest in it. Since your bank account is jointly titled, the remaining balance will be split. He may have a claim to the coverture share of your pension-which represents half of what you deposited into the pension only during the 2 years you were married.
Answered on May 23rd, 2012 at 7:40 PM