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PostPosted: April 29th, 2005, 10:07 am 
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Joined: August 1st, 2003, 9:52 am
Posts: 1874
This question was submitted anonymously to Angela via email:

What my rights are as a wife in terms of the marital home and
property, as my husband claims everything as his as he had been the primary bread winner and paid the mortgage. He is offering to allow me to stay in the house and that he will pay the mortgage in leiu of child support, but only if I give up all right to the house and remove my name from the deed. Looking to see if that is in my best intrest long term as I am unemployed currently. And have no access to any money.


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PostPosted: April 29th, 2005, 10:10 am 
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Joined: August 1st, 2003, 9:52 am
Posts: 1874
You need to find an attorney NOW! Don't sign ANYTHING!!

No judge is going to force you to give up your ownership of the home AND make you go without child support. That is ludicrous. And, what happens when he stops paying he mortgage? And, believe me, he sounds like the kind of guy who will just let the house go. Then what will you have? No home and no child support.

There isn't a court in this land that would let him scam you with this type of offer. He's trying to pull a fast one on you.

You'll get child support AND you'll get to keep the house. The custodial parent chooses how the child support is spent (for food, mortgage payment, etc.), not the other parent.


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PostPosted: April 30th, 2005, 6:59 pm 
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Joined: January 25th, 2004, 12:38 am
Posts: 124
Location: California, USA
angelahoy wrote:
This question was submitted anonymously to Angela via email:

What my rights are as a wife in terms of the marital home and
property, as my husband claims everything as his as he had been the primary bread winner and paid the mortgage. He is offering to allow me to stay in the house and that he will pay the mortgage in leiu of child support, but only if I give up all right to the house and remove my name from the deed. Looking to see if that is in my best intrest long term as I am unemployed currently. And have no access to any money.



It doesn't matter who has been the primary breadwinner/payer of mortgage. He is, pure and simple, trying to rip you off. This is why he wants your name off the deed.

As to access to money, you will, most likely, need to get a job. Even with child support, it is probably not going to be enough to live on. Start looking now.



Tom Nixon
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PostPosted: May 1st, 2005, 12:46 am 
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Joined: January 9th, 2004, 4:06 pm
Posts: 96
Location: Canada
Just jumping in to affirm what Angela and Tom are telling you.Do not fall for that one. He is trying to take you for the ride of your life. You already own half of everything.Including the house, even if you have never earned a penny in your life..Actually, especially if you never earned any money. If you made as much as him, then there could be a problem. Get a lawyer .Don't worry how you will pay your lawyer, not until you discuss the situation with one. There are usually lawyers appointed by the courts and payed for by the courts for people with no access to funds. Call some lawyers and ask them to reccomend someone for your particular financial situation.
Good Luck


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PostPosted: May 2nd, 2005, 3:22 pm 
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Joined: January 13th, 2004, 4:38 pm
Posts: 426
angelahoy wrote:
You need to find an attorney NOW! Don't sign ANYTHING!!



DITTO!DITTO!DITTO!

Do not hesitate! Go talk to an attorney TODAY!!!!

Exactly what you're entitled to depends on state law. Many states have what they call "community property" laws. This means that it doesn't make any difference at all who earned the money, or who paid the bills, everything that either one of you bought belongs equally to both of you. The cars, the house, the furniture... it would all belong to YOU just as much as to HIM!

Hie thee to an attorney, NOW!


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PostPosted: May 3rd, 2005, 11:17 am 
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Joined: January 28th, 2005, 4:09 pm
Posts: 38
Location: Cheyenne, WY
Also, in most states, there are "pro bono" organizations - Legal Aide - that can help protect you from this kind of abuse for little to no money. Remember - if he's willing to screw you on the house, what else is he going to try to screw you on in the future? (And, no doubt, as time goes on, you'll start to see where you've already gotten screwed in the past, and you c can start getting angry.)

Luckily, I never trusted my ex-husband enough when we were married to purchase anything with him. Even when I had the money, I just "didn't have the money". Given his further behavior, that was the smartest thing I ever didn't do.

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Only those that attempt the absurd, achieve the impossible.


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