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Just Need to talk...

I'm 63 and my husband is 61.  We have been married for 5 years (All children are grown).  I came into the marriage with substantial equity in a rental property and he had next to nothing.  He and I both have very good salaries and lived well and over-spent.  We bought an older home and started remodeling it....finally he convinced me to put his name on the rental property and borrow against it for the remodeling.

Almost from the time we got married, he has wanted to develop an "open marriage" and has developed polyamorous friends and wanted me to become part of a sexually free lifestyle.  This has become a very bitter issue between us, and when I caught him having an affair, we started the downhill spiral towards divorce. 

Now, he says he doesn't want to move out; he doesn't want to pay his share of the loan against my separate property; and he is claiming an ownership interest in the rental property.  He feels that I am taking him to the cleaners because I want the marital house (I paid for the remodeling!).  He has been/and still is/very manipulative, but when I talk about feeling manipulated, he tells me how overbearing and controlling I have been.  He wants to come out of this with enough money to live well for the rest of his life (he wants me to pay him off to move) but which would leave me in dire straights.  He keeps telling me his fantasy of how well off I would be and how I would live comfortably for the rest of my life, but he does not understand that his story is only make-believe. 

I recently ended up in the hospital for three days from a stress-related seizure, and am now on anti-seizure meds.

This is going to take time, but I really feel like I have been had by a con-man.  How do I get him out of the house?  He admits to having a new girlfriend, but he is very careful to come home every night.  I think he has been advised to avoid the adultry charges.

Bons


by Bons    1 Post   
Posted on 5/14/2008 12:47 PM    
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Answers for "Just Need to talk..."  (2) (You must be logged in to answer)




ok, first there is a little shame on you involved here -

 

"almost from the time we got married he wanted to develop an open marriage"

right from the get go you had a flaming red flag as to the type of person he was but you ignored it - you can't say you were taken by a con man - you chose to ignore the warning signs because you "loved him". I'll hazard a guess you figured he'd change for you if you did everything for him....

that said -

the marital home - if his name is on it, the only way to get it from him IS to pay him off from his share. That actually goes for any of the properties. You don't say what state you are in so I can't tell you if the percentage is just what is equitable, or if it is a community property state, in which it would be half.

the infidelity - if you live in a state that recognizes fault divorces then take advantage of it - hire a private investigator to follow him and get proof - he doesn't have to stay out all night to be considered cheating. That evidence will give you an advantage in court regarding the settlement.

Only way to get him out of the house is to file for divorce and control of the marital home.


I'm a family law attorney

by spaznskitz   2794 Posts
Posted on 5/17/2008 2:09 AM
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Bons, well I am with you on the not being with anyone else but your spouse. Sounds like he was like this before and he hid this side from you. Take care of your self first, go to support groups for your stress. I have been married for 30 years to my stbx due to abuse and his affairs. Yes he still comes home at night to make sure I a can not use it against him. I am sure he has been advised of this. Get a lawyer from legal aid if you need too.
Good luck!
by camero   90 Posts
Posted on 5/14/2008 4:17 PM
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