3 year marriage...questions??

First thing I would not have left the house. You're his wife, not his tenant. Even if the house is in his name financially, it's your home too.

One thing I have always heard when separating or divorcing: Never Ever Ever leave the house first, make the other person leave if they want out.

the settlement, since it was used over time to pay for joint marital debts, and you gave him access to it, is marital property...he could even fight you on the boat or SUV...

Thanks for the replys....unfortunately we live in KY.  Where everything is supposed to be divided equally.  When we married I sold my home and moved in with him and my settlement was used for improvements to his house.  Then he had to have a new SUV and a new Boat......spend, spend, spend until it was all gone.  I do have possession of the SUV and the Boat but you just can't pick up home improvements and take them with you.  When he decided that he didn't want me in the home any longer he even called the police to have me removed.  They told him exactly what I had been trying to....that I had every right to be there until my personal items had been removed.  The next day I rented a U-Haul and took every piece of furniture that we had.  I've gone over everything and tried to see it the way the courts would but I just can't help but think I should come out of this with a little more than just a 50/50 split.  I fought this lawsuit and dealt with everything that happened to me with no help whatsoever from him.  I even have proof that as soon as the last dollar was spent he opened up his own account and left me to fend for myself.  I have opened up my own bank account and with my sole income I'm pushing the limit just paying rent, utilities and getting myself back and forth to work.  Where is the light at the end of the tunnel??  Will this ever end??

It depends on the state. If it's a community property state, you may have to split it. The bigger issue is where the money is now. If he's spent it, even if a court orders him to pay it back, how long will that take? If you don't have a bank account in your name only, it's time to get one.

I think it would be reasonable to argue that since the lawsuit settlement was for actions that occurred prior to marriage, it was your sole and separate property.

However, there's nothing that prevents you from converting that into joint funds. Putting it in a joint bank account, for example, muddies the waters significantly. And using it to pay for ordinary living expenses (rent, car payments, etc.) pretty well co-mingles it irrevocably. If you used it in a lump sum way, such as for a down payment on a car, you may be able to recover that amount based on the history of that money prior to then.

All the above is based on my non-lawyer-guided research of what flies in CA. You really need to get a legal opinion WRT your state's laws and what happened to that settlement money after you received it.

This all seems to end up being messier than it should need to be, and that's why you really need a legal opinion or two along the way.

I don't agree with Paula completly divorce is not always 50--50 division, it depends on the state in which you reside,  also regarding the funds that you had from the law suite the court may take any number of views, also depeding on what state you are from? the first thing to do is to protect yourself with some temporary court orders put in place, develp your plan of approach and move forward quicley before all of the assets are depleated.

divorce means a major change in lifestyle and finances for everyone.   you will probably have to get a job to support yourself.  banks mean papertrails.  you need to tell legal aid or a lawyer today about how he took all the money and they can start the process.  usually divorce is 50/50 split, so he'll have to give that back to you at some point.  if he spends it all, he'll have to pay it back to you.  but that's hard to collect.  i would get the paperwork going quickly.  it's not going to be easy doing this on your own...but you have to.