Posted by Christine616 on July 16, 2004 at 10:35:44:
Mr. Merchant,
I really was not looking for any “free legal advice”, only general comments.
Can divorce take THIS property too!? - Posted by christine616@yahoo.com
Posted by christine616@yahoo.com on July 16, 2004 at 09:44:16:
Hi. I have a friend who was forced out (by the judge) of the marital home after divorce proceedings began, and made him continue to pay the mortgage payments for 14 months so far…(court date is Aug 24th)
His attorney DID advise him that he could purchase another property to live in and not worry about it becomming involved in the divorce, since he needed to have a place to live. So he did. He’s been living in it since December '03, fixed it up, and it has about 30/35K equity.
Now my friend has received papers stateing that his soon to be ex is asking that both homes be sold and she receive the majority of the profit. (not to mention all else she is asking for)
Can she involve the 2nd house like that? Any comments appreciated. Thanks
Re: Can divorce take THIS property too!? - Posted by Sue (NC)
Posted by Sue (NC) on July 17, 2004 at 18:06:08:
I’m in NC, going thru a separation/divorce. But I’m NOT an attorney.
As I understand NC law (and I’m sure it varies by state), anything acquired BEFORE the divorce is finalized COULD be construed as property to split down the middle - including equity in a house bought for oneself after the separation but before a final decree of divorce.
The way around this problem in NC is to have a separation agreement signed, with property division deliniated (as well as child custody, alimony, and child support), before moving out. The separation agreement should specify what each party gets, and should say that each is essentially a ‘free trader’ for anything acquired after the separtaion agreement is signed.
It’s not so easy to live together once the marriage has fallen apart, but it’s what my attorney advised (except in cases of abuse).
Incidentally, I did what I never thought I would do - I paid full retail for my soon-to-be residence.
Re: Can divorce take THIS property too!? - Posted by John J. Merchant
Posted by John J. Merchant on July 16, 2004 at 09:59:46:
No way any smart lawyer is going to jump into this question unless he/she’s being paid to look at the whole situation, all the pleadings in the divorce action, and spend time learning everything about the case.
Easy for you to be asking “on the street” here for free legal advice, but only freebies you’re going to get won’t be worth their cost.