help4me
New
Reged: 08/09/08
Posts: 1
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We are preparing to file, not my choice. When we were married we lived in a community property state but now live in an equitable distribution state. We are both moving back to where we started. He has and still controls most assets. Whould I be better off here? Should I wait a few months until we can file in the community property state? I feel like he is going to try and take every advantage of me he can.
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Jada
Platinum
Reged: 06/02/07
Posts: 3491
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[quote]We are preparing to file, not my choice. When we were married we lived in a community property state but now live in an equitable distribution state. We are both moving back to where we started. He has and still controls most assets. Whould I be better off here? Should I wait a few months until we can file in the community property state? I feel like he is going to try and take every advantage of me he can. [/quote]
To be honest, in a community property state, it is a 50/50 split unless the parties agree to something different.
In an equitable distribution state, if the parties can't agree, then it is up to the judge. And it may not be a 50/50 split. It could be 60/40, 70/30, 80/20, whatever the judge decides. Typically, they do give more to the party that they perceive as needing more. Such as the party with the kids (if there are kids) or the lower earning party.
Where you file is where your legal residence is. If you want to file in the state that you both will be moving to, you will need to establish residency there first.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2219
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We are preparing to file, not my choice. When we were married we lived in a community property state but now live in an equitable distribution state. We are both moving back to where we started. He has and still controls most assets. Whould I be better off here? Should I wait a few months until we can file in the community property state? I feel like he is going to try and take every advantage of me he can.
What a sad post...lookin for sympathy....claiming you might be taken advantage of....then asking how to take advantage of him. It's clear who's trying to take advantage of who.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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If you wait to file, he'll have more time to take advantage of you (e.g. by hiding marital assets).
Hard to say who has the advantage in community vs. equitable distribution. One thing is clear, there's less to argue about with regards to property division in a community property state so that can save you some legal fees.
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jbar
Platinum
Reged: 12/16/06
Posts: 1070
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...in a community property state, it is a 50/50 split unless the parties agree to something different.
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What a load. A 50/50 split of what? Upon whom is the burden of proof that a given asset does or does not belong among those assets to be "split"? What is considered proof?
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In an equitable distribution state, if the parties can't agree, then it is up to the judge. And it may not be a 50/50 split. It could be 60/40, 70/30, 80/20, whatever the judge decides. Typically, they do give more to the party that they perceive as needing more. Such as the party with the kids (if there are kids) or the lower earning party.
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If true, all this would mean is that this is, essentially, the same as a common-law state in which precedence determines the law. How can any judge or anyone else "give" something to someone, unless he himself presently owns it, without first taking it away from someone else? How can he first, then, take it away from someone else when the present owner has provably done the work to obtain the asset in question, has not obtained it by fraud or theft, and has clear title to it? The stupid idea that this is perfectly alright, as long as some court decides that it is, is the source of most injustice in this world and could ultimately result in its end.
Edited by jbar (08/10/08 01:35 AM)
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