If they bought the house together, she's entitled to half. If the house was his prior to the marriage AND she's not on the deed or the mortgage, she's entitled to little, if anything.
Also, she can change the locks all she wants, it's his house, so he can just call the locksmith and have keys made. What he needs to do now is protect himself from false accusations of abuse. Once that happens and she files for a restraining order ex-parte, he can lose access to his house and his children in the short-term, and that will usually translate to the same long-term.
He needs an attorney and a good one experienced in dealing with a high conflict divorce.
I think right now in this country and abroad, marriage %26amp; having children is a scary proposition whether you live together or not.
Today, the divorce rate is so high due to no-fault divorce. If you have kids, for women - that means they hold all the cards. A man today has to realize that, love and ';the dream'; aside, the risks to men/fathers far outweigh the rewards. Check the source - some great books and other resources on just this issue.
Family court is tilted heavily in favor of women/mothers. Moms have all the rights, get all the benefits, and dad is too often relegated to a visitor in his children's lives while being an ATM machine for mom. He can lose half (or more) of the cash, cars, house, investments, etc... and worse - the children.
Seriously, if I had known then what I know now about how the divorce machine sucks in fathers, grinds them up, and spits them out so unceremoniously, I would have never gotten married. I would have given up my dream of having a family.
With no-fault divorce (the biggest killer of marriage and families) you don't need an excuse anymore to get a divorce. You just don't have to feel like being married anymore - and with that reality comes the truth - a marriage is no longer a contract, so what's the point except to put yourself and your future at risk when someone ';doesn't feel like it anymore?'; With women (who have children) initiating almost 3/4 of divorces today (most men don't even see it coming), it's the smart man who chooses not to get married and certainly not have children... and that's a shame.
This affects men, women, and children alike. It affects everyone and people need to wake up to that reality. I know that there are lousy men and lousy fathers in this world - but make no mistake - the are plenty of lousy women and lousy mothers in this world and we should all be treated the same way (good or bad) and that simply isn't happening today.Divorce (pls advice)?
Anything bought during the marriage is called marital property and it will be divided equally. However when children are involved 95% of the time the one with custody of children end up with the house. The court system first priority is the children. Need to hire a good attorney.
He best get an attorney...NOW!
a guys point of view............rax............theres a lot of factors to bring into light here...if she has been legally married to him these past 3 years and the child is his and even if the house were bought before they were married she can get 1/2 of most if not all assets accumulated since the marriage unless there is a pre-nump that was signed by then before the marriage...but even with a pre-nump she will possably get half if not more...and lets not forget the child...if its his...does she live in an allimony state? can she prove he was abusive in any way? there are a number of factors to concider...tell him to get the best attorney he can find (preferbally a woman) and do unto her as she would do unto him...then tell him not to settle for nothing less that full or joint costody for the child...but get a lawyer NOW...be safe...be kind...and i wish you love...
get a lawyer
get a lawer NOW!
UK, half of everything he owns belongs to her even though she hasn't paid a penny, she can even claim his company pension if he has one. Legally she has to let him in the house if he wants to, unless there is a court order saying different - Been there done that etc.
He needs to get a lawyer
He needs to move back into his house whether she likes it or not since her name is not on the deed and he is paying the bills.
He needs to stop paying bills until he gets legal advice. What he does in the separation period becomes the foundation for the divorce. She will owe him half of those bills.
It depends--if your friend can show that she paid all the bills pertaining to the house for the last 3 years she might be entitled to 1/2 of those expenses in addition to half the equity. It will take a lawyer to secure her money and the child's rights to steady child support.
You ';friend'; is going to get screwed and wife will get half the equity.
But what does nay of that have to do with you?
No comments:
Post a Comment