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Separating Property in Divorce

Posted on: Wed, 11/12/2008 - 23:09
Separating Property in Divorce

How can it be fair that a house that was bought before you even met the person that you married and are divorcing suddenly becomes marital property? When the other party hasn't sunk a dime into the house-I know its not but it sure feels like I am getting scammed :(

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Posted on: Sat, 11/15/2008 - 22:52 #1

When you are married it is suggested that what is his is hers and what is hers is his. While it may not be fair this would be the house you lived in together, that your children (possible) may have grown up in, etc.

Posted on: Sun, 11/16/2008 - 14:08 #2

Yeah, the man gets shafted big time with divorce. Even when the woman is at fault, the man really has to go to great lengths to prove he deserves any sympathy from the judge. I have friends who said they were doing fine negotiating the divorce themselves until the woman went and got an attorney. The attorneys encourage the women to be greedy and malicious in the attacks and handling of the divorce.

--
Fitty

Posted on: Sun, 11/16/2008 - 17:21 #3

I know of cases where the man becomes the beneficiary of the assets he had in no way contributed. The problem is, love blind us and we don't look far enough to make contingencies 'in case of'.

Posted on: Sun, 11/16/2008 - 20:51 #4

Well, I'm female, and the house is mine. Yet, without putting a penny in it looks like he'll have to be bought out of any of MY money I put into it whilst we were married. I didn't even have as good as job as he did-he earned way more, and squandered it all.

Posted on: Thu, 11/20/2008 - 21:06 #5

Yeah some laws suck when it comes to divorce. In Illinois the only way you can keep the house if you can prove it was meant for you and only YOU like if it was a gift of some kind.

Posted on: Fri, 11/21/2008 - 10:20 #6

Do you have a good lawyer? Because in most states marital property only applies to what is acquired while in the marriage. Property before the marriage is normally still considered separate by the courts.

Posted on: Fri, 11/21/2008 - 16:02 #7

Yeah in most states you should be able to keep what was yours before the marriage unless your purchase was for the purpose of marriage which can be really hard to prove. But if you must equal the wealth you should also equal the debt....

Posted on: Fri, 11/21/2008 - 16:08 #8

They consider that any money earned during the marriage was both of ours. Fair enough but yes that means the debt should be too, I get that. But I don't WANT that because he has huge debts! Like for a gastric bypass that was done after we split, and he's trying to get included as marital debt.

He wants my money, and for me to pay his debts. Yes, I have a lawyer.

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