This thread is from a new memeber who is having difficulties posting a thread at the moment. "at a loss" asked me to post this into a thread for them.
Originally posted by at a loss
I would like to directly quote this paragraph found directly with in the website.
"Ownership Issues
Who owns what property can play an important role in the division of property. For instance, a home can increase in value tremendously between the time the parties separate, and the time that the property is divided. If the home is in the name of one spouse only, then that spouse gets the entire benefit of the increase in value. By arguing that the other spouse has a constructive trust interest in the home, Behrendt Law Chambers has been successful in getting that increase in value shared with the other spouse."
I see there may be similarities to my own case. I have been trying to post in the forums to no avail to ask my questions. Could this be posted some how on my behalf? So I am asking for your indulgence while I ask those questions. But first I would like to give you a very brief account of what is happening.
My soon to be Ex separated in Mar. 2004, when I asked for the divorce due to his infidelity and our inability to reconcile matters. After a huge arguement I left the home with our then 6 yr old daughter, as I was not going to subject us to anymore of his various forms of abuse. In the months to come he first asked that I give him a year to get his act together before proceeding into court. I gave him that time. I have made several attempts to hire a lawyer (as well as money lost to that end) We both now have lawyers and have made it into court. We have no formal separation agreement and now it comes to dividing up the home. (joint ownership) My concerns are that so much time has passed since separation (his lawyer is using the date of separation as the valuation date - Mar 2004) I am not satisfied with that valuation entirely as he remained in the house for the 3 years, I had no benefit of assistance from him in the form of assistance to maintain my own household, spousal, or child support. Child support was grated in Dec 2006. (no arrears were granted) So in a nutshell he has had benefit of the home while I have had none. Using the 2004 value I feel is not accurate as so much time has passed. As well the house has appreciated at least 25-30 thousand in the three years. I know the laws says as of time of separation, Is there any means that I can argue in my favor to be compensated for that time? The lawyers and the courts here dont seem to think that I am entitled to much of anything beyond child support.
I know after a point in time I am expected to become self sufficient and I do agree with that, but he has made my working full time difficult. I attempted to go back to school to get my HR degree so I may get a better job. Well now I am having difficulty repaying that loan becase the burden of paying for all that my daughter and I need is left entirely up to me. So if any one knows of other cases or laws that may be applied to this situation I would greatly appreciate hearing about them.
at a loss
"Ownership Issues
Who owns what property can play an important role in the division of property. For instance, a home can increase in value tremendously between the time the parties separate, and the time that the property is divided. If the home is in the name of one spouse only, then that spouse gets the entire benefit of the increase in value. By arguing that the other spouse has a constructive trust interest in the home, Behrendt Law Chambers has been successful in getting that increase in value shared with the other spouse."
I see there may be similarities to my own case. I have been trying to post in the forums to no avail to ask my questions. Could this be posted some how on my behalf? So I am asking for your indulgence while I ask those questions. But first I would like to give you a very brief account of what is happening.
My soon to be Ex separated in Mar. 2004, when I asked for the divorce due to his infidelity and our inability to reconcile matters. After a huge arguement I left the home with our then 6 yr old daughter, as I was not going to subject us to anymore of his various forms of abuse. In the months to come he first asked that I give him a year to get his act together before proceeding into court. I gave him that time. I have made several attempts to hire a lawyer (as well as money lost to that end) We both now have lawyers and have made it into court. We have no formal separation agreement and now it comes to dividing up the home. (joint ownership) My concerns are that so much time has passed since separation (his lawyer is using the date of separation as the valuation date - Mar 2004) I am not satisfied with that valuation entirely as he remained in the house for the 3 years, I had no benefit of assistance from him in the form of assistance to maintain my own household, spousal, or child support. Child support was grated in Dec 2006. (no arrears were granted) So in a nutshell he has had benefit of the home while I have had none. Using the 2004 value I feel is not accurate as so much time has passed. As well the house has appreciated at least 25-30 thousand in the three years. I know the laws says as of time of separation, Is there any means that I can argue in my favor to be compensated for that time? The lawyers and the courts here dont seem to think that I am entitled to much of anything beyond child support.
I know after a point in time I am expected to become self sufficient and I do agree with that, but he has made my working full time difficult. I attempted to go back to school to get my HR degree so I may get a better job. Well now I am having difficulty repaying that loan becase the burden of paying for all that my daughter and I need is left entirely up to me. So if any one knows of other cases or laws that may be applied to this situation I would greatly appreciate hearing about them.
at a loss
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