gigi
(Platinum)
06/27/07 01:44 AM
68.110.71.127
Re: More ??'s about support, alimony, and disability..

I'm assuming you put nothing other than your dad's loan down on the house? If so, it looks like it was mostly paid for by funds earned during the marriage. In a community property state, that kind of automatically means that the house belongs to both of you. As well as the other property.

To keep the house in a community property state, you'd have to pay her for her half of the equity, probably taking out a new loan to cover it all.

On the cars, it's not so important that there's $11000 loans on them as it is what they're worth. If one is upside down by a thousand & the other is worth $3000 after you pay off teh loan, then when you put this stuff on a ledger to divide it, the one who gets the upside down car will get the other to pay them... I think it ends up being $2000 (that's the $1500 for half the "equity" of the $3000 car, plus $500 for the privelege of having the other take teh upside down car.)

If I were you, I'd offer to take the house, take out a mortgage for her half of the marital estate less 10% of the price of the house (for costs of sale), give her the more expensive car and thereby reducing the amount that you owe to her for the house/property overall.

You'll have to split up the furniture & stuff.

Technically, parts of your retirements, 401Ks & etc that are earned during the marriage are your joint property & parts earned before the marriage are separate, so technically, she may deserve a big part of yours and you may deserve less of hers since she's been disabled for so long... but since it's not a huge number, it's not worth arguing too hard over... just remember that if she gives your entire retirement account to you and wants to keep hers, you're probably out ahead of the game... but if she wants part of yours, make her pay the price of a qualified domestic relations order to make that happen. She may decide not to do it once she realizes the price of getting it to happen is almost the same as the value of what she would get from it.

i'm not ignoring that you may have just gotten a big blow in knowign that your house might not be yours... so let me say this... you are NOT in a community property state. I dont' know of any midwest states which go with the community property laws. I don't know exactly what your state's law will say about these issues, but I've given you waht the community property general picture would be... so you'll ahve to go to a lawyer & see if your state might have laws which help you prevent this from happening.

In a community property state, the idea is that the marriage is an equal partnership with both partners contributing equally, if one is sitting home & the other is earning money, they dont' much care and aren't going to go through any calculations of how much it was wroth to the family that the one who sat at home also was doing dishes or whatever... they're just going to call it equal and if you didn't think it WAS, then you shouldn't have stayed married for so long OR you should have just accepted that you were GIVING AWAY your efforts at life to this person. But you dont' get to get out o fgiving them half of everything earned during the marriage unless they were really BAD & did something like gamble it away.

But you'll wnat to take these ideas & take them to a lawyer & see if your state's laws might be a little easier on you than the community property laws. There are some guys on ehre who think the community property laws are the worst things that ever happened to MAN kind. So check. I'm willing to bet that the bottom line results of your own laws are not so terribly different, but I'm dying to find out for sure.

Do not delay, as I've said before, a marriage as long as yours is on the verge of ... well, the principle that you are giving her stuff by letting her stay married to you... it becomes more & more important in the alimony realm when the marriage is longer and she's been earning next to nothign for a lot of that time... with your ex, earning next to nothing, being on disability, you want to make certain you ditch the marriage before the law starts calling her a poor, dependent woman who YOU MADE dependent by allowing her to be this way for so long.



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