jgator
New
Reged: 04/21/08
Posts: 10
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Thanks for all of your help everyone but I am still curious to the legal ramifications if hypothetically he removed everything from the home(appliances furniture I mean everything) put it in storage moved out and said see ya in court or give me 10k and a no contest and it is all yours. ps dont forget she gets the house and better car.Can someone with this experience or knowledge reply. thanks
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Samsung
Platinum
Reged: 06/14/07
Posts: 2023
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From a legal standpoint, all assets accumulated while married are subject to division, including house equity, everything he took from the house, car values (minus loans), bank accounts, retirements, 401K, etc. The same goes for liabilities, such as loans, credit cards, etc.
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jgator
New
Reged: 04/21/08
Posts: 10
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Completly understand equitable distribution, however this is not about that really. The only reason he would due as such would be for these reasons.My best friend is involved in getting a divorce. They are not wealthy and she will not cooperate. He is attemting to be amicable she is not . He wants a no contest divorce in florida she will not give in to his excessively minimal seetlement offer basically she gets everything house kids(not his)better car, furnishings(30k), all home improvements he did manually(60k). All he wants is pre-marital stuff his tools and 10k. She offered 5k which is unacceptabe. The problem is that they are stuck cohabitating and she goes out of her way daily to make his life miseable ex. takes batteries from themostat(no ac)turns off tv whenever he watches, takes his stuff, berates and belittles him ect...How can he fight fire with fire and not get his but kicked in court please help. So if he took everything she would be very uncomfortable, this is the point. It would all be in storage until divorce is final then divided per divorce.But if he leaves the home for sanity reasons he has abandoned all rights to home. So this way he has something of value or better yet one hell of a bargaining tool. He is not interested in making her life miserable only she his. I am just looking for a way for him to keep his sanity.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2023
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"But if he leaves the home for sanity reasons he has abandoned all rights to home."
Leaving the home will not diminish his rights to the value. Does he have access to savings/checking accounts? Just take the $10K, load the tools up his vehicle, and leave. Then, initiate divorce. Floride is a no-fault state; neither party can stop it.
Taking all the furnishings out of the house while children live there is a bad idea, and isn't in their best intersts. I wouldn't go that route. I'd just wait for her to go to work or whatever, and take what is pre-marital and tools and leave. No one should stay where they are being psychologically beat up everyday.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3110
Loc: Colorado
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It is easier to get forgiveness than it is to get permission. The legal system is no exception. For the short term, he's fairly safe taking the initiative to do what he thinks is fair and reasonable.
As far as amicability goes, both have to be on with that for it to work that way. She's not there. He needs to adjust to the idea that this will not be an amicable split.
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jgator
New
Reged: 04/21/08
Posts: 10
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No access to funds she has already removed them and cancelled all joint cards. Also she has belittled and berated him in front of (her)children who for the last 5 years he raised, fed, clothed,and given more attention than either real parent. She has alienates him from them by trashing him to them 10 and 14. Also because they are not his she will not provide any visititation in the future.Not to mention his staight A college student daughter was forced to move away at 18 due to the living environment (Jealous wife not able to cope with the close father daughter relationship) so why should he be so concerned with her kids that he wont be able to see again after the divorce. The way I see it she is forcing his hand.
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jgator
New
Reged: 04/21/08
Posts: 10
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Also rguarding your statement on deminished value. According to the attorney he spoke with stated in Florida if he leaves the home he has abandoned it and his rights to any value it has. Not arguing with you just stating info provide. If you are positive this is false please state reason or precident
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Samsung
Platinum
Reged: 06/14/07
Posts: 2023
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Florida law could be different than my state, but I doubt it. Regardless, I'd leave yesterday. His future psychiatric bills will far outweigh any money he might get. Tell him to pack his vehicle and escape!
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KGrow
Platinum
Reged: 01/27/06
Posts: 3110
Loc: Colorado
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The beginning of this thread is elsewhere. I don't remember whether divorce has been filed. If filed, no one is going to be able to claim that property has been abandoned. Divorce is in progress and therefore property division is assumed to be in progress.
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