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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-15-2017, 07:38 AM
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Default Assets and change of financial situation after separation

Hi Everyone,

So it has been 6 years since I separated from my wife. We were together for 3 years. Common law for 2 years and married for 1. When I first left in 2011 I made significantly less money than her. I was making 30k and she was making 50k a year. She made it impossible to live in the house when we were separated so I moved back to my parents house. Essentially I couldn't live in the house because her boyfriend kept coming over and things were getting tense. I just left and she refused to sign any separation agreements. Essentially she ended up with all the bills, mortgage and debts because she refused to split any of the assets and I couldn't afford to pay her utility bills and my own. 6 years later after years of schooling, I got a contract job for 1 year and I now make 130k a year.

Now that I can finally afford a lawyer, should I file for divorce now or wait until I am laid off from my contract job? Do they base spousal support on current income or income before the separation? If i wait until I am laid off, my income will be 0. I also don't want to get any assets until I'm divorced just in case she's entitled to them.

I essentially want to split all of the debts, sell our house, sell the car we financed together and split any owed money after.

Right now I do make more money but I have also acquired more debts of my own. I financed my own vehicle so I could get to my job and I owe student loans and a line of credit. Will the judge take my debts into consideration. I am seeing a lawyer ASAP but I figured I would ask here as well.
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Old 03-15-2017, 03:44 PM
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Originally Posted by Bruce44 View Post
So it has been 6 years since I separated from my wife.
^^^ That is your answer. It has been 6 years since you have resided together and the other party hasn't sought any kind of support. They can't, 6 years later, come and seek SS. The maximum most judges will entertain is 3 years late and that has to be with good reason. As well, the advancement in your career had nothing to do with the other party's contribution to you. You did this over the past 6 years.

Furthermore, you were in a relationship for 3 years. The only thing that needs to be determined frankly is the equalization of the matrimonial property.

Your debts are your own to bear and hers are hers. Any debt either of you acquired after the date of separation are your problem.

You should hire a lawyer.

Good Luck!
Tayken
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Old 03-15-2017, 04:32 PM
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Bear in mind that if your ex has been making all the mortgage and bill payments for the last six years, she would be entitled to a greater share of the equity in the house than you. (Ditto if she was making all the payments on the car after you left) How much greater that share should be is something that will take lawyers and accountants to figure out. One possibility is that you could split the equity in the house evenly, but then you take on a greater share of the debt. Others may chime in with ideas about how to equalize property after 6 years.
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Old 03-15-2017, 06:09 PM
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Bear in mind that if your ex has been making all the mortgage and bill payments for the last six years, she would be entitled to a greater share of the equity in the house than you. (Ditto if she was making all the payments on the car after you left) How much greater that share should be is something that will take lawyers and accountants to figure out. One possibility is that you could split the equity in the house evenly, but then you take on a greater share of the debt. Others may chime in with ideas about how to equalize property after 6 years.
Honestly I dont even want any equity. But what she wants is to live in the house but have me pay half of the mortgage. She wants to keep the car but have me pay half of the financing. She wants all the assets but have me pay half the debts. Her lawyer inflated her head. Im not paying half of anything i cant use. Im ok with paying a little more of the debt because shes been making more payments. But Im not going to pay off the mortgage and then have her stay in the house with her new boyfriend who she has kids with
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Old 03-15-2017, 10:11 PM
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The only argument she could possibly have for getting SS from you is if she did something to contribute to your education and current job. You mentioned schooling. Did you do any of that while you were with her, or was it all after you left? Even if there was an entitlement to SS, it would not be a very long duration, with a one-year marriage.

It may be tricky to disentangle the equalization six years after the fact. Do you have any idea what the house was worth six years ago? What was the mortgage then? How much money would you be arguing about anyway?
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Old 03-16-2017, 12:03 AM
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No I got my education 2 years after moving out. She didnt help with any of it. The house was worth 147k, car was 35k. The car is down to 10k owing and Im not sure about how much is on the mortgage. Based on the previous mortgage payments I made, it should only be 60k left on it. Then we racked up her line of credit to 20k but she has all the things we bought with it.
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Old 03-16-2017, 12:17 AM
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No I got my education 2 years after moving out. She didnt help with any of it.
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Old 03-16-2017, 12:32 AM
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Keep in mind that because you have been deprived of enjoying your matrimonial home for the last six years and she has had exclusive possession, she may very well owe you occupation rent for those six years.
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Old 03-16-2017, 11:10 AM
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Bear in mind that if your ex has been making all the mortgage and bill payments for the last six years, she would be entitled to a greater share of the equity in the house than you.
Usually not true. The person living in the house owes occupational rent to the other spouse. Judges usually decide that the occupational rent is roughly exactly the same amount as half of the mortgage payment.

In other words, equity would still be shared equally. She paid more for the mortgage, but she also got to use the house.
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Old 03-16-2017, 12:07 PM
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So she didn't ask anything from you in those 6 years, and now that you got a good income, she wants something from you?

As per the home, I think it's a tricky arena as you didn't contribute to the mortgage for the last 6 years. The house has obviously gone up in value but how much of that value increase in the last 6 years did you contribute to?

The house could be sold I suppose, and the price increase in 6 years and how much you paid initially all be factored in, etc. With a really good lawyer, you may be entitled to something from the house but all the mortgage payments she solely made will more than likely be factored in how much you get. It may even be irrelevant as it was/is still technically your home.

Unless the chances of you profiting from this litigation is greater than 90 %, would just give her everything (excluding SS) and move on. If she wants you to pay half the mortgage or anything while banging her new boyfriend that's just wrong. She paid it for the last 6 years without needing help from you she's been self sufficient she doesn't need any SS from you. That's a big win on it's own - do you have any idea how hard I want to party every time I recall that I wasn't ordered to pay any spousal support ?

Last edited by trinton; 03-16-2017 at 12:18 PM.
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