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Glee_88

Divorce

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Hi all, I am after some advice.

I was married since 1998 and separated in 2009 ( had to flee matrimonial home because my X was violent). I have not applied for divorce as was afraid that he may get from ugly to worst. I waited patiently until he would be ready emotionally for divorce. The time has come and he himself applied for divorce on the grounds of over 6 years separation. During those six years we managed to establish some basic communication between us for our child who now is 15. My X residing in matrimonial home alone since I left. Child visiting his father and staying over on regular basis. Currently Mu X  collecting on his sole name Credit Cards and Loans Debts which now are exceeding matrimonial house equity. He is a sole owner of the property and I have only matrimonial rights. When we separated he had no debts and he still has a good salary until now. Me myself managed to borrow from a friend for a deposit and buy another house for me and our child to live in. My house currently has negative equity. I do not have any savings and have to pay loan back to my friend. My debts are not so great as my X's. What are my chanses on to have 50% of matrimonial property equity or all equity will be taken towards His debts? Is my house will be split 50/50 too? is there possibility Not To Accept his debts ( I have not contributed nor benefited from any of his after separation borrowings) ? Please Help. 

 

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Though your info is somewhat rambling, I missed any mention of your State of residence.  The debt issues outside the real property don't seem relevant since you seem interested in the "matrimonial" property.  Depending on whether yours is a community property state or not.

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A divorce court won't make you sell your house (and you say there's no equity and imply it's because of mortgages; if there is no mortgage and this is merely a personal loan you need to repay to this friend, you'd better document that fully if you expect no equity to be awarded to your husband in a divorce).

 

You don't say why you believe all equity in marital property might be awarded to him, and not sure what you mean by "taken toward his debts."  I'm not clear what you mean by "Mu X collecting" on debts that exceed that marital property's equity.  Does this Mu X have liens on the property, or hold mortgages?  You don't seem to be saying that property has NO equity due to mortgages.  If there's equity, unless you're in a state where it is clearly his separate property and he didn't use marital (job) income to make payments, you should get your marital share of the equity.  That said, we can't know how much debt is marital debt and what your share of it would be.

We cannot know from here in your unnamed state whether post-separation (but not legal separation) debts will be assigned to the person who incurred those debts, or whether they will be split. 

I suspect you're trying to rationalize not seeking divorce earlier, but now you may perhaps discover why it was a bad idea to wait five-plus years.

 

You need to seek local counsel.

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What are my chanses on to have 50% of matrimonial property equity or all equity will be taken towards His debts? Is my house will be split 50/50 too?

 

I don't really understand what these questions mean, and you didn't identify your state, which is important because laws vary from state to state.

 

With the two of you owning two houses, it is likely that you'll get yours and he'll get his when all is said and done.  With yours having negative equity, there isn't anything to divide, and I don't think you said anything about the equity situation for the marital home.  Also keep in mind that most divorces settle, so whatever the two of you can agree to will be how it all works out.

 

I strongly suggest you consult with a local divorce attorney.

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Hi Glee_88,

 

Like the others said, divorce laws are state-specific... So please identify your state when you have a chance.

 

In the meantime, it sounds like it would be in your best interests to consult with a divorce attorney.You can find a number of qualified attorneys in your area using FindLaw's lawyer directory. And for some additional background information, take a look at FindLaw's divorce and property section. Good luck!

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