Divorce need help from my husband mistress

[jenjen]

State of florida

I filed for divorce after  my husband decided to move in with his mistress
we have one son together, after trying to communicate with him his girlfriend took out a restraining order on me, the case was heard by a judge and dismissed aftyer the judge explained to the girl friend that i was still his wife and she could not barr me from trying to talk to him

we lived in a house I was purchasing during my first marriage after 6 years we became married and this lasted for 7 years, his name was never added to my deed. he pays child support for our son.

we have two vehicles one payed for, the other is still being payed for, these vehicles are in both our names, he's driving and has in his possesion the vichicle thats payed for, i have the other and give him half the payment, which he deposits into his account were the creditor withdraws payment.

he asked me to agree to have these payments taken from my account and he would give me half towards the car note, I dont trust him to pay half to me as i am doing to him, i just found out that he purchased a new vehicle in his name.


questions:

1. is he intitled to any part of my home?

2. since were not divorced yet am i responsible for or am liable for ownership of the new vehicle or this debt.

3. my concern is if we can not agree to the issue of the two vehices we purchase together and the  one he purchase himself  what should i do to make it  easier to settle? ( i would not mind getting the 2002 ford truck that is pay for and letting him deal with the one with the payments and that is coming out of his account).

[socrateaser]

>questions:
>
>1. is he intitled to any part of my home?

In separate property states, such as FL, any increase in value to your home accrued during your marriage would probably be divisible between you and your spouse based on the amount to which his income/assets were applied to the home during the marriage for the purposes of paying down the principal, or improving the property.

Example: you bought a $100,000 home, put 20% down, and took back an $80,000 note. You get married and for 5 years, your spouse pays one half of the mortgage payment, and builds a sun room with a fair market value of $10,000 when installed, and he pays for all of the materials.

At divorce, the home is worth $150,000, and your spouse has contributed one half of 60 $1,000 mortgage payments, with the result that your spouse has paid in a total of $2,500 in prinicipal.

So, you have a $100,000 investment in the property, because you paid the down and were liable for the note, and your spouse has a $12,500 investment. Your spouse's equitable (fair) interest in the property is: $12,500/$112,500 X $150,000 = $16,666,67. Your interest is everything else.

The court could conceivably order the home sold if there weren't sufficient assets available to pay your spouse's share. Usually, people settle these issues, by the spouse with title getting a second mortgage and using the proceeds to pay off the other spouse, or by agreeing to distribute the other marital assets in a manner that compensates the spouse without title.

>2. since were not divorced yet am i responsible for or am
>liable for ownership of the new vehicle or this debt.

Depends. If there's a loan on the vehicle and your spouse defaults, then the bank could try to have the marital assets seized to satisfy the debt. But, FL law may provide for such circumstances and prevent you from being liable. Same goes for if spouse gets in accident and injures someone. If insurance didn't cover, then the marital assets might be on the hook.

You'll have to check with a local attorney, for certainty on both of the above scenarios.

>
>3. my concern is if we can not agree to the issue of the two
>vehices we purchase together and the  one he purchase himself
>what should i do to make it  easier to settle? ( i would not
>mind getting the 2002 ford truck that is pay for and letting
>him deal with the one with the payments and that is coming out
>of his account).

Real property is the only thing worth anything. Cars lose value, houses increase. If there's ANY likelihood that he could have an interest in your home, then I would do whatever was necessary to maintain total control of the home.

[jenjen]

Thank you!!