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patroklos
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Reged: 01/06/08
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How to protect myself
#168349 - 01/06/08 10:37 AM (63.245.120.229)

My husband and I have been married for over ten years. He is an alcoholic and is verbally and emotionally abusive when he is drunk. He received a workers comp settlement about 7 years ago and we used that money to but a house. He has not worked full time in ten years and the money he has earned with pt work he has spent, not contributing to the household at all. I am the primary bread winner and have been for most of the ten years. I have paid all household expenses. I want to divorce but he is threatening to go after me for the workers comp money he put into the house years ago. How do I protect myself financially? Also, when he leaves how do I protect myself legally if he was to get in an accident and hurt someone?

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Samsung
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Reged: 06/14/07
Posts: 2133

Re: How to protect myself [Re: patroklos]
#168369 - 01/06/08 11:23 AM (71.214.147.197)

Regardless of what each of you put into the house, expect the equity and appreciation to be split. You also have some factors that play into paying alimony. Read up on both of these, as they vary from state to state.

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Jada
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Reged: 06/02/07
Posts: 3341

Re: How to protect myself [Re: patroklos]
#168461 - 01/06/08 05:36 PM (69.115.64.195)

How you protect yourself legally is to file for divorce. Anybody he hurt in an accident could go after the marital assets, but not your income (I would double check that with your attorney).

As for him going after his worker comp money, he effectively and thoroughly comingled it with a marital asset. Which means that both of you own the house equally. If you are in a community property state, you get 50% of the equity, he gets 50% of the equity. An equitable distribution state may do a different split.

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