
05-03-2008, 07:35 AM
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Senior Member
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Join Date: Nov 2006
Posts: 1,419
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Quote:
Originally Posted by emster2006
I am thinking about divorcing my husband. I have not had any legal consultation and wanted to find out what I can expect as a settlement if I proceed. He owned property before our marriage and I am not expecting anything from this sale - he just sold for $279K and only owed about $80K on the home. We bought a home together a couple years ago for quite a bit of money $400K. We owe about $300K. I do not work and have no income. He works and makes six figures per year. I do not have insurance. He does have 401K's and other investments but does not let me know about them. I do not even have access to his checking account. Where do I start? Thank you.
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What you are asking----that someone on a message board predict what is lawfully yours in a divorce is like asking us to predict the weather on Christmas Day this year. You not only didn't provide any details such as length of marriage, children, prenup, etc. you also don't state your location. Also, your ability to work is also a consideration. If you are able to work and simply have not, that is an important component.
A judge, when determining marital assets takes all of the above into consideration. Not only does the criteria vary from state to state, and while the law doesn't vary from locality to locality, the judge presiding can rule consistently in a particular manner----only a local attorney who practices this type of law can tell you realistically what to expect.
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