Tommy
New
Reged: 11/25/05
Posts: 3
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We are young and have been married for just over a year, but she moved out before that. I bought a house before we were married. She has never made any of the payments on it or paid any of the bills. She did some work to it by painting some walls and putting up wall paper. Could the court award her half of that house?
Will I have to pay her alimony? I live paycheck to paycheck. I have always paid all of the bills, which always total more than I make in a month. She always came up with her own spending money somehow.
She told me that she contributed by buying the groceries. Now I have found out that she used the money out of our saving to do that. I asked her about the savings because it somehow ended up in just her name. She told me that there isn’t much left in there and basically implied that I should just forget about that because she was going to be nice and not make me pay alimony. I know that there is more in there than what she leads me to believe. I put my coaching paychecks in there. Should I be afraid to ask her for any of that money?
Also one of her demands was that I let her continue to drive my truck until May, which I also purchased before we were married, because she has a truck of her own but she has always let her younger sister drive it to college, and she didn’t want to have to ask for it back. Doing that leaves me with only my work van to drive around, and I can’t drive that everywhere. She suggested to me that I just go find something cheap to use until she is done with the truck. What should I do?
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maxwell0372
Silver
Reged: 11/03/05
Posts: 73
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Dear Tommy,
In my state you are intitled to what ever you brought into the relationship as for a house goes you should be able to keep it since it was acquired prior to the marriage. The only way she could have just her name on it is if she closed out the other one that was in the both of your names---you should be able to fight for half of that if you have the paperwork showing your name was on it too. Don't ask her for anything just take it to court and fight for what is yours. As far as paying alimony fight it she is trying to scare you into falling for her trap. Talk to an attorney that gives free consultations and he can tell you everything you need to know. I am not sure if you will have pay alimony to her especially if she makes more money than you and from the way it sounds she is doing you dirty and I would not sit back and work your butt off for her to screw you out of it. Do not allow her to use your truck tell her to get hers back from her sister, her sister needs to get her on way around and don't let her take advantage of you. If she wants to use your truck tell her to pay you your savings back. I know it sounds mean but for what I have read she is using you for everything she can get and I would not let her. There are something that you have to give in order to get but like with my X when you give and inch he take and take and take quite a few miles. Good luck
Edited by maxwell0372 (11/29/05 08:12 AM)
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3136
Loc: Florida
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In MI - she will not be entitled to spousal support/alimony - must be married a lot longer (I was married 8 and that didn't qualify)
As far as your house, she is entitled to 50% of the equity from the time you married until you file for divorce - meaning that if you know what it was worth when you were married and costs haven't gone up - she could request a appraisal but she would only get 50% of the increase within that time and would be responsible for any extra debt against the house. Ex. If the value increased by $10,000 she would be entitled to $5000 but if you had like an equity line or anything else like that during that time she would also be responsible for 50% of that.
All property would be split 50/50. Including any bank accounts in either of your names. If you have bank statements showing she has an account in her name only you are still entitled to 50% of the balance at the time you file for divorce. As far as the vehicle, if it was yours before you got married its still yours. If there was any vehicle purchased during the marriage she is entitled to 50% of its value if you keep it and your entitled to 50% of the value if she keeps it, mind you that if its not paid for the debt becomes the person who takes the vehicles responsibility and they don't get credit for taking that debt.
Divorce without children only takes 1 month if you can get the property settlement out of the way quickly.
With only having been married about a year or so I would tell her she can have whatever furnishings she brought in, decide on what you are willing to let her take that you purchased together (remember its just material things and you can always buy something different), demand your truck back and laugh silently about the spousal support that she wouldn't ever get anyhow. Depending on how much money your talking about in the seperate savings account you may want to just figure it's gone (unless you know that there is thousands sitting there it will cost you more in attorney fees fighting over it) Get an attorney and get out of the situation quick.
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**2 1/2 weeks to go...should start counting down the days**
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KGrow
Platinum
Reged: 01/27/06
Posts: 3109
Loc: Colorado
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She's full of empty threats and unreasonableness. Protect yourself. The house and truck are yours. She will not be awarded alimony. Close any joint accounts and credit cards. If you're feeling lucky, try and get whatever's left of the savings account put back in your name.
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sadpuppy
Platinum
Reged: 03/11/06
Posts: 1456
Loc: michigan west coast
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in michigan, theres something called Dower rights and she will get something 50% of increase in value since marriage is right....
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