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State Support Forums >> Minnesota
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minnesotagirl
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how division of property in Minnesota works
      #118160 - 07/13/07 10:08 PM (97.86.125.86)
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Hi:

I am seriously considering divorcing my husband due to cruelty. This has been going on for years, and my four kids are older now, so I feel like maybe this is the time to get out. We have moved around for his career for the past six years, and now, we are back in my hometown where we started. We have bought and sold homes along the way, and we just bought a house here. We are losing a bunch of money on the house we are selling in the last place we lived, losing all of our equity, so we didn't have anything to put down on the house here. We were able to get a mortgage for our house here, but because I have high credit card debt, I was not put on the loan or the title to the house. Does this mean that the house only belongs to him, and he can throw me out anytime he wants and if I divorce him, he automatically gets the house, because it is in his name? Please help, because he is really being cruel and is threatening me, acting like he has the upper hand and that he owns the house and can kick me out.


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Samsung
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Re: how division of property in Minnesota works [Re: minnesotagirl]
      #118191 - 07/13/07 10:48 PM (71.214.154.132)
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It doesn't matter whose name is or isn't on the deed. In you case, it is marital property. I am confused about one thing. It appears you've been married for some time, but you have high CC debt, and he appears to have little or none. That could come into play when spitting assets/liabilities.

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minnesotagirl
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Re: how division of property in Minnesota works [Re: Samsung]
      #118194 - 07/13/07 11:18 PM (97.86.125.86)
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The deal is I was done with college and had a job when we met and he was still in college with two years to go. I supported us during that time. When he graduated, we had two of the four kids, and I was not making enough to put two kids in day care and continue working, and he got a decent job right out of college, so I quit my job, but got rehired three months later in a partially work at home position which I held for 8 years while we lived in MN. My husband, however, got laid off a couple of times, so we felt we needed to move elsewhere for him to get some better experience. At that point, I obviously gave up my job to move and was not able to find another one that worked with the now four kids, two being an infant and a toddler, so for two years, I had no income, and he was very stingy and controlling with the money, so anything I needed or he would not buy for me or the kids when he was angry which included food, clothes, school supplies and expenses, personal hygiene products, etc., I had to pay for with a credit card. After two years, I finally got a job doing transcription online, but by then, I was only making just enough to pay the credit card bills (he, surprisingly, paid my credit card bill those first two years) but I still was not making enough to pay for anything else, so hence, still used the credit card. I am now, just recently, making enough to pay the credit card bills and enough to not have to use them anymore and I am in the process of paying them down. Not a good situation, I know, but when he refused to buy food for us for two weeks at a time when I was not working at all, what else was I supposed to do? I was hoping to stay with this man until I paid down the credit cards, and also, my oldest son is going to be a senior next year and graduating and the next child is 14 with the last two being 10 and 7. I was hoping to remain in this relationship until the first two are 18 and on their own and the younger two are 15 and 12. I know this man will battle me for child custody and he is very cruel. He does not really care about the children, but to hurt me, he will fight me for them. I would rather have at least some of them of legal age before I leave. However, at this point in time, I don't know if I can handle living with this jerk anymore.

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minnesotagirl
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Re: how division of property in Minnesota works [Re: minnesotagirl]
      #118196 - 07/13/07 11:20 PM (97.86.125.86)
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He also has high credit card debt, as well, and he may have to take a second mortgage on the house we just bought to pay for the loss on our last property and pay the realtor's commission. We are not sure of that yet, but yes, he does have substantial credit card debt, too. Also, our 10 year old daughter was diagnosed with diabetes 1 last summer, and we are still trying to pay those. Those are only in his name, but I would imagine I am also liable for them, aren't I?

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minnesotagirl
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Re: how division of property in Minnesota works [Re: minnesotagirl]
      #118197 - 07/13/07 11:22 PM (97.86.125.86)
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The reason he was able to get the house loan in his name with the credit card debt is because he makes substantially more money than I do (I make about a fifth of what he does at best).

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jmraa
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Re: how division of property in Minnesota works [Re: minnesotagirl]
      #119249 - 07/17/07 09:31 PM (69.176.225.90)
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I know tha I was just going through a divorce process just a few months a go before I cancelled it because he told me he would change.
I also had credit card debt because he controlled the money as well and if he got mad at me or thought I had spent too much, he just would not give me money. Actually, when he found out about the credit card, he demanded that I cancel it and then he would pay it off. He didn't pay it and he ruined my credit, he said that he did it to teach me a lesson about the evils of credit, like I didn't know already.
Anyway, my point is that when we had our temporary hearing, the judge ordered my husband to pay off the credit card bill with our family funds. So the judge was very well aware of the fact that he had control of all of the money. He was also ordered to pay 1000.00 dollars towards my education immediatley so I could get started at least. I had it so good, I don't know what I was thinking giving him another chance. I swear that when I refile this time, there will be no other chances, period.


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kent
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Re: how division of property in Minnesota works [Re: jmraa]
      #119251 - 07/17/07 09:38 PM (71.51.149.122)
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Forgive me - but what a CREEP! Did it to "teach you a lesson!" Dear lord - what I jack@$$!

--------------------
Today you are You, that is truer than true. There is no one alive who is Youer than You.
Dr. Seuss


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