i feel like a prey. question regarding assets

Gattsama · 2023-01-29T02:05:26+00:00

She does not own the house, and she can't kick you out. The house is a communal asset. The house is 50% hers and 50% yours. Doesn't matter whos name is on the title or who has been paying for it. Ideally move into a different room, put a lock on the door, move your valuable possessions to that room / out of the house.

FL is a two party consent state for recording conversations. There's always the possibility of a fake TRO/DVPO being filed when a woman wants the man out, but he refuses to leave. Ideally you would record all interactions to help protect yourself. In FL you would have to announce that this conversation is being recorded, and if she choses to continue talking your covered; but you can NOT record a conversation without her knowledge or consent.

Talk to your attorney, but understand until you file ALL communal assets and debts are 50/50. She has a credit card you never use? 50% of that debt is yours. IF on your name was on the mortgage? 50% of that debt is hers. You open a new credit card today and run up 50k in debt? that's also 50% hers. 50% of your 401k, business, stocks, etc.

Once you file you lock these debts and assets (more or less). This is one reason why once it's over you want to file ASAP, because you want to stop either party from creating new debt OR selling off assets.

upvotersfortruth · 2023-01-29T04:57:41+00:00

Listen to your lawyer and the judge, the rest of them can go pound sand. Once you get over the mindset of her being your wife and her mother being your mother-in-law (i.e. people who have any say in how you conduct yourself, have the right to henpeck you, or who have anything close to your or your child’s best interests in mind [if they ever did]), the better off you will be. Be disagreeable, push back, stand up for yourself. Document everything, secure your documents, possessions, your share of any cash etc. These people won’t appreciate or reward generosity, civility, sentimentality, guilt, regret, apology, or compromise - they will view it as weakness and use it to trample you. They’re not family, they’re outsiders trying to interfere with your relationship with your kid and your financial future.

sicrm · 2023-01-29T01:18:00+00:00

don’t willingly leave the home.

then it’s up to you if you want to fight for the home, your share (one lumpsum payment or pass) or try to force a sale.

captainchippsixx · 2023-01-29T02:35:50+00:00

She does not. It’s still 50/50.

mpjune69 · 2023-01-29T02:53:47+00:00

If you've been married for a certain amount of time in the state of FL (I think 4 years is the magic number) you have protection as FL is a joint property state. If things go sideways, and they often will, former spouses will try any truck in the book. Depending on where you live in FL, you might not be too bad off. Sure to the crazy housing "situation" you may be surprised what your house is with.

By situation, I mean the housing bubble. We've had our home since 2016 and we're planning on using the equity in our house for a pool. The house was appraised at $695k, more than twice what we paid for it new in 2016.

The bottom line is that if your home has gone up significantly since you bought it, she may end up owing you in order to buy you out.

WartimeDad · 2023-01-29T04:48:38+00:00

If you get a good lawyer then her name on the deed shouldn’t matter. Her best case argument is that she claims that you bought her the house as a gift, and she owned it prior to marriage. Your best case argument is that you bought the damn house before the marriage. It’s yours.

Any increase in equity on the home from the day of the marriage is definitely joint owned. That is not up for debate.

What do you have? Well you both are on the loan. That weakens both of your “best case” arguments.

What is going to happen with the house? Most likely end result is that the equity on the house is simply marital property. That amount gets split in half.

How it works? You jointly get house appraised, and then you subtract the loan, and the remaining amount is the equity of the home, which is marital property. Ideally you will jointly agree to getting the appraisal done. If you don’t, then you get separate appraisals, and split the different or something.

What does this mean for you? It means your wife is completely full of shit. Her name being on the deed will have very little weight considering she is married to you, and you bought the thing, and you have been paying on it.

Stay in the house (if you even want it). If you leave you will never get back into it. The same will be true for her. The buyout WILL happen though. So you might consider getting away from this bitch and letting her squat in your memories while you move on to a better life with a wad of cash. That’s up to you.

Beware: if she wants the house really badly, then she WILL call the cops and claim she is afraid of you.

You must be calm at all times and record every single conversation.

FunkyTownMascot · 2023-01-29T04:44:42+00:00

Well, you took the Big L by marrying her and, especially, putting the house in her name. You have rights so it's just going to be more work to untangle this.

Don't get married again.

r/AgainstMatrimony

Title	i feel like a prey. question regarding assets
Author	alzdag
Upvotes	10
Comments	25
Date	January 29, 2023 12:38 AM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/10nudea/i_feel_like_a_prey_question_regarding_assets/
Archive Link	https://theredarchive.com/r/Divorce_Men/i-feel-like-a-prey-question-regarding-assets.1149882 https://theredarchive.com/post/1149882

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