Questions regarding SHORT marriage...

[wallyworld]

Facts:

Lived together approx 4.5 years PRIOR to marriage.  During the time lived together they aquired thousands of dollars or assests such as four wheelers (2 ), snow mobil2s (2),  motorbikes, riding lawn mower, cars, house, race car, motorcycle etc.. (Most were gifts from him)  Ie:  bought us BOTH four wheelers and snowmobile.  So they could enjoy them together

has an old mustang, but put it in his dad's name.

Most of if was in his name, but BOTH parties made payments etc... Canceled checks prove it..

Since he hasn't been working over the past year she has paid all bills with canceled checks to prove (before and after the marriage)

Marriage took place in Vegas on april 15 of this year, parties both reside in IL.

He was hurt on the railroad last year and is suing.  likely to get about 200,000 in the next couple of months.  

He was having an affair the entire time.  He has told wife to leave the house and that he is going to make this expensive.  Wife really has no property in her name due to bad credit, but has made payments on everything.

no prenuptial agreement

1.  Is wife entitled to anything  obtained during the course of the relationship before the marriage?

2.  What about the mustang that is in his dad's name soley to keep exs from obtaining it when it is obviously his?

3.Is wife entilted to the settlement from the railroad.  He will likely get the settlement before the divorce is finalized.

4.Can wife use the affair against him

5.  What about an annulment (if wife can't get any of the property mentioned above?) on grounds of fraud (due to the affair?)

6, wifes car is financed in his name due to bad credit.  He is threatning taking it now.  Wife has paid ALL payments husband has paid none.  Can he take the car?

[socrateaser]

>1.  Is wife entitled to anything  obtained during the course
>of the relationship before the marriage?

Possibly. If she can prove that she made some contribution to the "toys," even by way of offsetting other bills with her income to make the other purchases possible, then she has an equitable interest in those things. But, she would need to do a very thorough forensic accounting to show where the money went. Very expensive and difficult to do -- but possible if there's enough money to justify it.

No attorney would ordinarily take such a case with out up front fees, but since they were married, the attorney can try to roll up the divorce and the domestic partnership suit into the same action and use the leverage of being married and entitled to spousal support as a means to get compensation for the things that happened before the marriage was licensed.

>
>2.  What about the mustang that is in his dad's name soley to
>keep exs from obtaining it when it is obviously his?

Courts in separate property states, like IL, generally try to keep property in the name of the person in whose name title is held, but the court can offset the value of the car with the value of something else, such as cash.

>
>3.Is wife entilted to the settlement from the railroad.  He
>will likely get the settlement before the divorce is
>finalized.

Generally, personal injury settlements belong to the injured party after divorce, however it's possible that the settlement money will be used as a rational to increase a spousal support obligation going forward.
>
>4.Can wife use the affair against him

Probably not. Depends on IL law and whether the state uses fault as a rationale for increasing spousal support. Some states do this (e.g., NJ).

>
>5.  What about an annulment (if wife can't get any of the
>property mentioned above?) on grounds of fraud (due to the
>affair?)

If the marriage was prucured by some false representation, then an annulment is possible. But, the fact that he was having an affair won't help him, because family court is a court of equity and a person cannot approach the court with "unclean hands" and expect to be rewarded for it.

>6, wifes car is financed in his name due to bad credit.  He is
>threatning taking it now.  Wife has paid ALL payments husband
>has paid none.  Can he take the car?

Usually a divorce petition puts an automatic restraining order on all property until the divorce is final. So, if the goal is to prevent a party from secreting away assets, then enforce the restraining order, with a motion for contempt.

The wife should get the value that she contributed to the car, regardless of the manner in which title is held. She just has to prove her contributions, and since she can use her husband's assets to pay for an attorney to do this, she probably will be able to prove it, or the threat of paying out so much money to lawyers and accountants may cause the husband to come to the bargaining table in a hurry.