divorce question anyone know about this

[jen-n-juice]

wife was arrested fro domestic on me i filed RO but, dismissed it at hearing in hopes of civil resolution, wife filed for divorce nad never returned to marital home except once breaking in to remove furniture
its been over a year now and wife breaks in again with girl friends come to my bed room trys to pull off covers and take pictures of me and my companion says shes going to place pictures every wre and give tio hitman i called police. police state that after a year she cant return, officers arrive and say she can do what shw wants because wre not divorced, one of her friends wasnt aware of what was going on and later explained that wife my not be intitled to any equity of home because she abandoned it and she wants house now. i filed anoher RO and judge granted it this time i wont dismiss she out of control and money huingry.

is it true that if she abandons the home she may not be intitled to any or very little equity has anyone ever heard of this?

[Genie]

it will depend on the judge, what you can agree on, how long both lived there, how much she put into it etc etc etc etc. My ex husband put about 2 yrs into the house and still got 20K in equity (don't have to give it to him until 2010). The house is a marital asset.  She left b/c you guys separated.  That is how it most likely will be seen.

Now usually a place is not considered a person's residence if person hasn't lived there for 30 days. Check with you town. So she can't just break in b/c it isn't her residence anymore. However, it is still a marital asset b/c you are still married. You need to get this resolved in court quickly.

[gipsy]

Havn't had the exact situation but similar , If you are in a community property state Like washington , One of the legal issues at hand for me were its a no fault divorce state and marital misdeeds Have absolutely zero impact on the division of property . Except if it has a extreme result to one of the parties , As in My atty said in extreme abuse cases on party was given more eguity for money for treatment ,
 And it is community property . My sicko broke into things over here after I kicked her NG @$$ to the curb , And the ploice said there is nothing they could do becuase it is community property , And she couldn't be arrested for breaking into her own property , The results with My atty were , " this may be brought up to the judge " But it probably won't make much differerence "
  And none of it seemed to , If there are no children and you are in a community property state , You will divide the assets and liablities ,  And that will be the end of it ! .
 They don't seem to care about all the rest .
 Its unlikely she will get the house unless you have children and she will get the children and the house to live in , And you will pay child support .
  Except if she abandoned the children with you , Then you have a good chance of keeping the kids !
  Interview many atty's I am not an atty this is what happened to me

[jen-n-juice]

wre in a no fault state-florida and yes we have a 6 yr old daughter
 she was first arrested for domestic and i placed RO on her and she had every other weekend visitation. i dismissed RO and she continued with every other weekend months later she went back to court and i suggested equal parenting time rotating every other week her and her attorney agreed (she also has a 14 yr old son and i have 3 others i have custody of from previous marriage) she never returned and got her own place with 2 bed rooms 6yr old daughter sleeps with 14 yr old son.  been on the rotating custody sche for almost a year and about 1 month ago she tried to get more parenting time judge refused and said what we have has been working and hes not going to change a thing.

[joni]

my DH's ex wife abandoned their home and he not only had to give her 1/2, he also paid all her bills as part of the divorce settlement.

the equity in your home is the least of your problems right now.

your lesson learned here is that regardless of how nice, flexible and generous you are with this woman, she doesn't return it to you.  so don't get your hopes up of how she'll start being happy once she gets her portion of your assets.

I hate to be the bearer of bad news but from our own experience, I don't see this woman ever getting any better and I think she's always going to be a threat to you.

I think if you add up your assets, subtract any liabilities, including unsecured debt, you'll owe her 1/2 of what's left.  that'll be the least amount you'd have to pay her, you'll probably end up paying more.  just pay her and be done with it, no reason to aggitate an already volatile personality.

also a heads up....does your daughter resemble you at all?  if she does, beware. don't be surprised down the line if she starts taking out her anger and hatred for you out on your child.

[gipsy]

She sounds like some one that will make a fight of it ! But she has already tried and the judge made things stay the same , And I will GUESS  That  you are going to be giving her half of the equity , And You will stay in the house , Since you have other little ones , One of the scary considerations in the state of washington , Is they look at Is if some one would be disadvantaged , By the split and who could recover the losses , But its generally a 50% split , You could try to offer the split , But as My terrible ex did . She may want to get the extra mile out of it , And then its The atty's that get a big chunk of the cash , As a Benifit of squabbling ,
 If you can just get it over and get on , I lost money but the time and effort with these types is not worth it to me , And it feels good when you are free to get on and focus on Being happy !
  I am much happier with out her ,And we just have to try to stay away from these types of people ,

[jen-n-juice]

she would never come up with an amount in the past just stating " i want my money" so i did my own calculations and offered her 30 plus thousand to resolve this she never responded, others that i spoke with in this state say that the judge will never order the home sold or refinanced until the child reaches 18 or ends up living solely with her after reaching an age to decide for herself. and she makes way more money than me.

[gipsy]

Well my atty tells me if you can't agree then you go ask the judge what he thinks , And that will be the end of it <

[joni]

maybe your state is different, but in michigan, the judge was going to order my DH's house sold and the profits split if the parties didn't come up with an agreement.  and that was with the ex wife abandoning the house two years earlier.

the prior post is right, this is serious enough to ask an atty.  those who file first generally have an advantage.

[jen-n-juice]

i replied to the divorce papers and thought we would be back into court for judge to decide but, wife hasnt done nothin she doesnt want a judge
to decide has been told that theres no way a judge would order the home sold or refinanced as long as it is the home of the child and may order it but not until child is 18 or of age to decide if they still want to reside there or not. state is florida no fault state  

i would gladly refinance but, she very difficult and never says what would be exceptable amount