QUESTION
How do I divide our assests during a divorce?
Asked on Jul 16th, 2011 on Child Custody - Oregon
More details to this question:
My house was left to my husband by his father when he passed away while we were married with 2 children. I was wondering if there is any chance that i could gain the house if and when we divorce and if not and i have to move out with the children how do I find out the amount of my child support and if im having to rent is that also looked at when considering the amount of child support.
17 ANSWERS
Steven D. Dunnings
You really need a sit down with a lawyer. Your issues are too complicated to handle online.
Answered on Jul 11th, 2013 at 9:51 PM
Probate and Estate Planning Attorney serving Stratford, CT
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Rosenberg & Hite, LLC
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It's infinitely more complex than the answer you are hoping for.
Answered on Jul 04th, 2013 at 12:16 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Marital property is to be fairly divided.
Answered on Jun 26th, 2013 at 3:07 AM
Roianne Houlton Conner
If the house was inherited by your husband it is unlikely that the Court would award you the house in a divorce. An attorney could figure child support for you in compliance with the Alabama Child Support Guidelines, but rent would NOT be included in the calculation.
Answered on Jul 20th, 2011 at 7:37 PM
In a divorce, assets get divided only one of two ways. Either you and your spouse reach an agreement on how to divide all of the debts and property, or, the two of you have to go to trial and let the court divide the debts and property the way it sees fit. The court in dividing the property has to first classify all of the debts and property as to either your separate debts and property, your spouse's separate debts and property, or community debts and property. Whether the house will be separate or community property will depend on the exact wording of your husband's father's will. It is most likely your husband's separate property, but that is not guaranteed. When the court divides the property it has to divide it in a way that seems fair and equitable to the court. The court can mix and match your separate property , his separate property and community property. In addition, the court is supposed to consider things like the ages of the parties, the health of the parties, educational background, work history, and several other factors. So, there is no fixed formula for dividing the property. In terms of child support, it is determined by using the number and ages of the children and each of the parties' incomes, plus, at times, certain other data. This information goes into a formula and a chart. From the formula and chart comes the child support number. In general, your rent is not part of that calculation.
Answered on Jul 20th, 2011 at 1:19 PM
Property division starts at 50/50 but can be negotiated for various reasons, such as gifts or inheritance. Facts that came about after that are also relevant - such as whether you both took a new mortgage, etc. on the property. Child support is 25% for two children of gross income, but is reduced by a formula if there is a form of shared placement. Housing costs are not considered under the formula, but that is considered if maintenance (alimony/spousal support) is a question.
Answered on Jul 19th, 2011 at 1:38 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Child support is based primarily on incomes, not expenses. See an attorney for a free consultation or searchWashington Court forms to getan idea of the child support. Assets are divided fairly and equitably. If the house is your husband's separate property, the court will consider that.
Answered on Jul 19th, 2011 at 1:24 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law inheritances are treated as separate property. Unless the house was put into both names during the marriage, it is unlikely that the house would be included in the community property being divided or that it would be awarded to you in a divorce. Child support is calculated based on the incomes or potential incomes of the parties, not based on your expenses, therefore the amount of your rent would not affect the child support amount. To find out what child support might be, either talk to an attorney in your area who can run a calculation for you, or look for a Washington State child support calculator online.
Answered on Jul 19th, 2011 at 1:09 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an experienced family law attorney. If the house was a gift to him and paid for, then it is a non-marital asset not subject to equitable distribution. However, if it was a gift but NOT paid for, then it may be partially marital. Either way, it is possible that you might be allowed to stay there with the children, at least until they emancipate. And child support is based on the Florida Child Support guidelines. Rent would not be considered. However, depending on your circumstances, you may qualify for an alimony award. As stated, you need to consult with an attorney.
Answered on Jul 19th, 2011 at 12:26 PM
William Guy Pontrello
Inheritances usually stay with the person, but if the children are minors the court may give you use and possession until the children reach majority. Child support is set by Florida statute 61.30 available online and rent has no bearing. The formula is in the statute.
Answered on Jul 19th, 2011 at 12:25 PM
Inherited property is usually separate property of the receiving party. It is possible for separate property to be "set aside" to the other party, but it is not often done.
Answered on Jul 19th, 2011 at 11:39 AM
This is not an easy question to answer. The house appears to be the separate property of your husband due to its being an inheritance. However, if you made mortgage payments on the house during the marriage then you may be entitled to reimbursement for those community property payments. As to child support, there is a court approved computer program called dissomaster which can help you determine the likely amount of child support. You will need to visit an experienced family law firm to obtain more specific information.
Answered on Jul 19th, 2011 at 11:33 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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The court will divide assets fairly and equitably, but there appears to be separate property considerations in your matter. Child support is based on a table, your incomes and the ages of the children.
Answered on Jul 19th, 2011 at 11:24 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Ownership of the house will depend upon whether the asset was co-mingled with other joint assets by putting your name on the deed. If your name is not on the deed, it is likely the court will define the house as separate property of your husband. This does not necessarily mean you will have to immediately vacate the premises. Please see a domestic relations attorney near you for answers to all of your questions.
Answered on Jul 19th, 2011 at 11:24 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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If the house was acquired by inheritance, it may be his separate property asset. However, if the mortgage was paid down through the marriage (he inherited the house with the encumbrance) you may be entitled to reimbursement. Please consult a lawyer about this issue. Child support, on the other hand, is calculated by either Dissomaster or X-spouse computer program and is based on the incomes of the parties and timeshare.
Answered on Jul 19th, 2011 at 10:56 AM
Glen Edward Ashman
First of all, get a lawyer. You need one. Usually the home will be his separate property, but under some fact patterns a lawyer may find a way to make some claim against it. Child support also must be determined, and good counsel will help protect your interests.
Answered on Jul 19th, 2011 at 10:35 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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There is a legal presumption that any asset acquired during the marriage, including assets acquired by inheritance, will be divided equally on divorce. The law in this area is changing so you should consult an attorney right away. You can estimate your child support online, at the State of Oregon, Department of Human Resources, Division of Child support website. Your rent is not considered in determining child support, but may be a factor in determining whether you are entitled to spousal support.
Answered on Jul 19th, 2011 at 10:35 AM