A divorce question?
Topic: A divorce question?
June 16, 2019 / By Claudia Question:
In Phila., PA a friend of my is getting ready to go thru a divorce, their house is only in the wifes name and they have 1 child - they have been married for 7yrs - the wife is telling him that he will get nothing - please advised on what he can do
thank to all who answered - i will let him know
Best Answers: A divorce question?
Becci | 7 days ago
The house: He may be entitled to half of the increased equity in the house since the time of their marriage. Not the full value; just the increase in equity.
The child: He should seek joint custody.
She can say whatever she wants. The final outcome will come as a result of a negotiated settlement - that they broker with or without attorneys, or it will be through the legal system.
Advise them to each get an attorney, if only to review their own terms of the divorce, and have the official papers filed. Otherwise, the courts, and family court will be in their business.
Also, in order to get the proceedings going, one of them has to file a complaint at city hall and sue the other party for divorce. They then have to have the other party served.
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Originally Answered: Divorce question?
married and divorced two times.
no intention of ever marrying again unless the guy treats me like a million bucks and has the same amount of money coming out of his butt!
first divorce -- my husband turned into a sociopathic person.. i'm not kidding.. he was robotic, had no friends, paranoid, and suspiscious.. treated me and the kids like we were his enemy.
second divorce -- all things considered he was a good man, and i took care of him when he was ill, then his mom.. babysat his grandchildren while raising my own... when i got sick NO ONE was there for me... he just ignored it... i felt alone, and ended it.
anyone can get a divorce.. it's like buying toilet paper.. not that difficult if you have the correct change.
The best advise needed, is for you to stay out of it. The problem is between him and his wife. But to answer at least part of your question, if the property was hers prior to their marriage, then the property is hers. Any perceived value increase in the property may entitle him to some consideration that will be worked out by the court. Most likely though, he will be required to provide a level of support for the child, based upon his assets, and his income level.
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A freedom or a spectacular is a state granted permission to do something interior of a undeniable ability that they later set with lawsuits. this is a humorous tale. All of politics is a humorous tale. Telling somebody they are allowed to be loose isn't real freedom and is even worse being an entire perversion of what a spectacular or freedom somewhat is.
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If house was purchased during marriage it is marital property.
His wife will most likely get it because of needing place to raise children. In my state he would get a note against house for 1/2 of the equity payable (without interest)AFTER children are out of home.
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Everything, except the child, could be split in half, including the equity in the house. The wife is simply using scare tactics. He'll need an attorney, as it doesn't appear that she'll be willing to work this out in a fair way.
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Pa is not a community property state. If the house is her sole equitable property and he can't show a commitment of substantial funds or mortgage payments, he may well not be entitled to anything.
have him talk to a divorce lawyer; he'll need one.
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Originally Answered: Divorce question?
You do need to consult a qualified domestic relations attorney asap. Generally speaking, if your soon to be ex-husband's execution of the agreement was not done with full knowledge of what he was signing it will not be approved by the court. The fact that you indicate that he has serious mental health issues is a red flag for any judge hearing this matter.
It sound's as though your marriage was short-term and that you acquired the principal marital assets before you were joined in matrimony, so that's helpful. But it is not dispositive, particularly if your husband is mentally ill. So please get a good lawyer involved to help you sort this mess out.