jdubbish Posted August 29, 2013 Share Posted August 29, 2013 (edited) I'm looking for some sound advice about my divorce case with my wife. Here are the hard facts: - I filed for Divorce due to "incompatibility" - Domestic Relations Affidavit shows the following: 1. I will make all credit card and personal loan payments ($45K total, all marital debt) 2. I will pay for the mortgage until refinanced (joint loan) 3. She will make her car payment until refinanced (joint loan) 4. I will make my car payment until refinanced (joint loan) - A Temporary Restraining Order was filed on her to allow me exclusive occupancy of the marital residence, and she is now living with her parents. - My last tax return shows income of $50K - Her last tax return shows income of $30K - She voluntarily quit her job in May and has been doing side jobs since (not making nearly $30K) - We were married 3 years - We were living together 8 years, and I was the "provider" because I made more money and took care of the finances. - My monthly expenses after all income, debt payments, and living expenses (food, fuel, etc.) leave me with less than $50 each month (I'm fine with this). My concerns: - She has been adamant about receiving spousal support. - She has been adamant about not letting me keep the house. - She has now filed a counter petition (I have not yet seen) My questions: - Based on the facts above, can she force me out of the house by requesting it be sold? - Can she obtain temporary spousal support from me even though I am taking all debts, including the house payment? - What else could she possibly claim/request/get? Obviously, I'm being a little paranoid, and that's why I've come here to ask for advice, experiences, etc. Can she really screw me over based on the facts above? Edited August 29, 2013 by jdubbish Link to post Share on other sites
hayewils Posted August 29, 2013 Share Posted August 29, 2013 I don't know where you live or what state you live in, the majority of your questions should be answered by your attorney.my only good advice is yes, sale the house as she has a stake in it and can get half.. at least in Texas. but definatly get out from under it. her name is listed, and everything you want to do that involves the house will involve her. meaning refinancing or any home improvement loan. its just best to get away from that one, period. I forced my ex out of her car by threatening to come take it and sale it myself cause I had my credit screwed up before from that, will not happen twice. she sold it, I had to go sign.. get away from double signing.. what the court orders doesn't hold water in the real world. the creditors will still come after both of you and will screw both of you as far as credit goes. Link to post Share on other sites
littlejaz Posted August 29, 2013 Share Posted August 29, 2013 I seem to be saying this a lot today. Get to an attorney NOW. It's is all you can do to try and protect yourself financially. Waiting can cost you a bunch. Link to post Share on other sites
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