Questions about finances and divorce Posted in SO

imdonel8r

 I also posted this in Starting Over.

 

I am a SAHSM and we haven't been married long . S2BXH bought the house before we were married about the time we started dating but the house is his name.  S2BXH bought a truck the month we got married but its also only in his name. I don't want either. Basically nothing is in my name . So do I still need all the bills to bring to a lawyer?  Do I need to bring S2BXH's bank statements and bills to prove anything? The Deed to the House? The loan information for his vehicle?  Even though nothings in my name?  Thanks. I am trying to get this done before I move out So I can get the information now.

Motzie

Bring whatever you can. If you are SAHM, your H may have to provide alimony. I'm guessing not child support bc your SC will stay with him, yes? Have you been SAH since you got married? Did you pay any money into the mortgage, bills at any time?

You want your lawyer to get a clear picture. Even though you say you don't want anything, you still need to cover your ass. Get your hands on statements, etc.

ashleyvc2

It's always better to have extra information than to need something and not have it.  The house is probably not going to do anything for you but the truck is marital property.  Either way any asset you have information on/for get it and have it just in case. 

StephBeanWed61502

Also, regardless of whether these are marital assets, they all go towards painting an accurate picture of your S2BXH's financial position.  As a SAHSM, you're likely eligible for alimony payments - this kind of info would help the attorney (and eventually the court) figure out his ability to pay, and how much he can afford.  I know lots of women dislike the idea of alimony, but it can be a big help in getting on your feet after the separation.

DaringMiss

Also, depending on the state, your spouse may have to pay your legal bills (or more accurately, the legal bills will be paid out of the marital funds).  Plus, depending on your state, you may be entitled to half of the INCREASE of the value of the house during the time you were married.  So if the house went up in value $10,000 while you were married, you may be entitled to $5000.

Take all of your info in and let the attorney do their job which is protecting YOUR interests! 

imdonel8r

DaringMiss:

Also, depending on the state, your spouse may have to pay your legal bills (or more accurately, the legal bills will be paid out of the marital funds).  Plus, depending on your state, you may be entitled to half of the INCREASE of the value of the house during the time you were married.  So if the house went up in value $10,000 while you were married, you may be entitled to $5000.

Take all of your info in and let the attorney do their job which is protecting YOUR interests! 

 

Thanks all.  I am putting in the divorce settlement that H will pay all my legal bills and were pretty sure the judge will agree. 

 

Now the house it worth less then what H bought it for so its a debt and the truck he still owes alot on and if he sold it now it would be worth less than what he owes. So that's also a debt . I am hoping to get rehabilitate alimony and at least have some extra cash to get a car.