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  Posted to group - Money matters    <<Previous    Next>>

My portion of our total income since we had our house is 75%. Do I have to pay him 50% of the house value?

I’ve been married 34 years and live in Illinois.  There are no children.  We're both career people.  We have our own Roth IRAs each worth $25K-$30K, and we have a joint Schwab account worth about $40,000.  I also have a 401K with my employer that’s worth about $65,000.  Our health insurance is through my employer.    Since 1992 when we bought our current house, I’ve brought home 75% of our income.  But only because he won’t take “any job,” since he has an image to maintain.  (He’s in politics and everyone thinks he’s independently wealthy, which is untrue.)  Because of his politics, he ran for office several years ago and we ended up in terrible debt.  As a result, we filed for bankruptcy and refinanced the house.  The bankruptcy won’t be off our credit history until 2010.  On the house mortgage, I’m the primary applicant (because he didn’t have a decent job) and he’s the co-applicant.  The only primary loan he has is on his car, which he’s had for about a year (he was able to get a loan because he had a good job at the time, and he was only the co-applicant on the mortgage).  In addition to the mortgage, I also have a loan on my car (for which I’m paying a higher interest than him because of the bankruptcy and being the primary applicant on the mortgage), which will be paid off in October 2009.  Since the bankruptcy, we’ve paid all our bills on time.  But he has a FICO score of 716, and mine is 614.  This is what makes me mad.  I’ve been the breadwinner with the stable employment history, but now I’m the only one suffering for it.    He hasn’t been working since he lost his job last July, and he’s been spending his time helping someone run for local political office.  He did get his real estate license (there were costs for classes and fees that were paid for by his unemployment), but he hasn’t signed up with any broker due to market situation.  I won't go into the emotional side of our relationship.  He wants to move out of town, so I'd have to quit my job and start over, and the salary ranges in this new town are much less than where we're at now.  If he'd go by himself, I'd let him keep the joint Schwab account, and then pay him the difference for the house from an auto accident settlement I have coming.  Or do I have to give him half that as well?  Basically, he's a lazy ass.  And I'm tired of carrying him.  I just need to know my chances on only paying him 25% of the house value.  And can I have him served with papers when he goes for his Saturday morning coffee at a local restaurant (since he doesn't have a job, that's the only place and time I know he regularly goes) to keep him from coming home? 

by renee1 
Posted on 4/29/2008 9:27 AM    
Sent to Friendsend to friend
   
Tags: Living in IL
1


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Answers for "My portion of our total income since we had our house is 75%. Do I have to pay him 50% of the house value?"  (5) (You must be logged in to answer)

I am a family law attorney in CA, which is a community property state,  I think I can give you a general idea of how most courts will look at your situation.  First of all, just as a woman is usually entitled to half of all property and income earned during the marrriage, so is a man.  You are in a situation where it is the wife, rather than the husband, who makes more.  Sorry, no consideration of him being "lazy."
All of the things that you mention about him not living up to his money earning potential will be important, however, if he attempts to get spousal support from you.
And now for something you REALLY don't want to hear!  I have never heard of any state that will prevent a spouse from living in the home just because they have been served.  That is usually reserved for a judge to determine at a later hearing.
I would suggest hiring an attorney even though you don't have children.  It sounds like there are assets that need handling in a particular manner, such as a Quadro.
As far as serving him, your attorney can determine the best method.  Being a party, you cannot serve him, and some states have different laws on who can be a process server.

  by Rhondaesq
Posted on 5/8/2008 11:34 PM

0


you don't say what state you are in so I can't give you an accurate answer to your question...please post your state.


I'm a family law attorney

  by spaznskitz
Posted on 4/30/2008 3:33 AM

2


Renee,
I know you are in a pickle. I am not an atty. You really need to consult with an atty. quickly. Surely you can get away for a day of shopping with a friend and go into a town where he is not well known. If he is as lazy as you say he is not going to want to lose his "income".
Do research divorce laws in your state. You are the major and only bread winner in the family. That could work against you. You do have a lot of assets to try to protect. You will need to weigh the cost of keeping those assets against the total you come out of this with and how badly you want out of your marriage. Don't get caught up in winning and find the attorneys got most of it. A really good atty will advise you not to do that. My attorney only handled divorces and he was an expert in his field with a great reputation.
You really need some guidance on the settlement from the accident. If you do decide to divorce you don't want him living off the credit cards. If he has charging previleges on your personal cards take his name off as soon as you file court papers.

  by trisha9054
Posted on 4/29/2008 8:12 PM

0


Thanks Trisha.  I don't think sending him out of town before me will work.  It's my getting a job that makes the move feasible.  Like I said, I'm the one with the stable employment history.  But that's a brilliant idea.  I'll start to think about a way it can be done.  Regarding an atty, I have to find someone outside of my area -- he knows everybody.  So I have to careful.  But now I know I'll probably have to give him half the value of our assets, even though he hasn't worked for it.  Thanks again.

  by renee1
Posted on 4/29/2008 7:45 PM

0


Yes, you can have him served at the local restaurant. I know this isn't funny but off the top of my head I would send him out of town ahead of you and then just not move to meet him. Then you're in the house without the hassle of getting him out. He could still be served where he is staying in the new town. Research divorce laws in your state and get to an atty. and find out your rights. You might have to split the settlement with him. You need an atty's advice about that before you get it. He would be entitled to a split of some of the assets. You really need some good legal advice in a hurry so you can make wise decisions.

  by trisha9054
Posted on 4/29/2008 1:33 PM

3







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