Divorce » Property Settlements Legal Questions & Answers


Category: Divorce » Property Settlements
Are people divorcing in Ohio required to liquidate all assets such as a rental property?

Our landlords have started filing for divorce. The current lease will be up in a month. We want to ask the landlords to mutually sign for an extended lease of one year. But, given the circumstances and the fact we feel our landlords are under financial hardship right now, could t...

11/30/2006 | Category » Property Settlements  State » ALL  #23
Is my brother's ex-wife entitled to his pension check?

My brother has been divorced a year. He and his wife were married for 42 yrs. and the marriage failed because of her gambling. My brother gets his social security and also a pension from the company with which he was employed. His ex-wife wants her lawyer to take away my brothers...

02/01/2007 | Category » Property Settlements  State » ID  #889
What can I do to force my ex husband to pay me the money ordered in our divorce?

After 33 years of marriage, my ex-husband told me that he wanted a divorce. He said that he was already involved with another woman. I hired an attorney/forensic CPA for his business evaluation which was never completed due to threats from my ex-husband. He underestimated his bus...

02/01/2007 | Category » Property Settlements  State » FL  #899
How do I omit the declaration of disclosure from my divorce decree?

At my divorce settlement, my attorney and I quickly scanned over the document, and we failed to see a clever paragraph that my ex-husband’s attorney slipped in. It is with regards to my submitting a declaration of discloser before I am able to receive monies owed to me....

02/01/2007 | Category » Property Settlements  State » ALL  #991
How do I keep my ex-wife from receiving half my pension if the judge awarded it?

Can a “quarto” granted during a divorce be reversed. I'm not sure of the exact spelling, but it means that a court order is in place at my former employer granting my ex-wife 1/2 of my pension when I retire.

02/01/2007 | Category » Property Settlements  State » OH  #995
If I contest a divorce and the house is in my name, what is my chance on losing the house?

If I contest a divorce and the house is in my name, what is my chance on losing the house? The money to purchase the House was given to me while married.

02/01/2007 | Category » Property Settlements  State » FL  #1297
How do I obtain an item that was given to ex daughter in law in divorce that belonged to me?

My Son is being divorced. Unfortunately a mediation on division of property resulted in an item that belonged to me being given to his wife. I want to protest this mediation.

02/01/2007 | Category » Property Settlements  State » TX  #1405
Will a legal separation protect my inheritance from my side of the family or do I need a divorce?

Will a legal separation protect any future inheritance from my side of the family or do I need a divorce?

02/01/2007 | Category » Property Settlements  State » OR  #1496
Can I be kicked out of the house I have lived in for 16 years even though we are not married?

What are my legal rights in my state regarding the following situation? We have been living together for 16 years and have two children. The house is in his name. He is trying to kick me out.

02/02/2007 | Category » Property Settlements  State » MI  #415
What is considered community property in a marriage?

I have been married for five years. The house and cars are in my wife's name. What am I entitled to as far as community property?

02/05/2007 | Category » Property Settlements  State » CA  #438
How do I divorce my husband who is a millionaire if I have no access to money?

I am married to a man who is worth approximately 10 million dollars. We have a prenuptial agreement and a postnuptial agreement. The houses, cars and all bank accounts are in his name. I have no access to any money and am given a monthly allowance for food. How do I leave my marr...

02/07/2007 | Category » Property Settlements  State » AZ  #451
What recourse does my brother have to sell the house that is in his name while divorcing?

My brother is looking into the possibility of getting a divorce. He and his wife have two children. The house is in his name. He wants to sell the house, but his wife wants to keep it. What recourse does my brother have?

02/07/2007 | Category » Property Settlements  State » AL  #455
How do I get my divorce case reopened to correct the property settlement agreement?

My divorce property settlement agreement was modified. There is now a discrepancy in the real property description. The discrepancy resulted from misrepresentation to me by my husband about the property's correct description. How can I get the case reopened?

02/07/2007 | Category » Property Settlements  State » AZ  #461
Am I still liabel for my husband's debts since I've filed for divorce six months ago?

Am I still liabel for mu husband's debts since I've filed for divorce six months ago? Are the things I buy still half my husband's since this is a community property state?

02/08/2007 | Category » Property Settlements  State » LA  #555
Does my wife who wants a divorce have any rights to our home if it is in my name only?

I bought my house in November of 1986, married in September of 1988, and my wife left me in January of 2000. We have been separated ever since. I am thinking about a divorce. The house has always been in my name only. Does she have rights to my home?

02/09/2007 | Category » Property Settlements  State » PA  #631
What is the law when dividing equity?

What is the law when dividing equity? I purchased my home before the marriage, but we currently reside in the home. Does he get half of my home's worth?

02/15/2007 | Category » Property Settlements  State » FL  #706
Does a spouse have the right to a portion of unexercised stock options when splitting assets?

Does a spouse have the right to any portion of unexercised stock options when splitting assets during a divorce? Also, what right does a spouse have to a company 401k?

03/02/2007 | Category » Property Settlements  State » CA  #780
Am I entitled to any of my husband's pension since we are divorcing?

I am currently separated from my husband and I am seeking to get a divorce from him. He is receiving a pension from the Police Department. Am I entitled to receive half of his pension as a divorce settlement?

03/15/2007 | Category » Property Settlements  State » NY  #1452
How do you separate a consolidated loan when divorcing?

My wife and I consolidated our student loans several years ago. We are getting a divorce now and the service we consolidated through has told us that we can not separate our loans. What recourse is available to us? Neither one of us wants to pay the whole thing or be in the po...

03/20/2007 | Category » Property Settlements  State » NH  #1895
Is my ex husband entitled to any equity on our home if he relinquished his rights when we divorced?

My husband and I are getting divorced. In October 2006 he signed the house over to me relinquishing all claim to it. We went through a settlement and now the deed is in my name only. Now, he decided that he wants part of my house. Is he entitled to any of it?

03/28/2007 | Category » Property Settlements  State » NJ  #2272
How do I petition the court to modify my divorce settlement?

I need a form to file with the court to change my divorce settlement because of change of situation. I want the court to adjust my settlement agreement.

04/03/2007 | Category » Property Settlements  State » FL  #2535
Can I garnish me ex's wages for money he is to pay me per the divorce decree?

My ex-husband owes me money as a result of debt incurred in our marriage. I have the court statemnt that he is to make payments the 1st of the month. I consistently have to call him to get payments. Can I garnish wages? What do I need to do that? He will not tell me where he...

04/06/2007 | Category » Property Settlements  State » KS  #2725
Can I put a lien against the marital house until I get the things out of it that I was awarded?

I would like to put a lien on his house for the amount of the items that he won't let me have. some of these things are written in the divorce papers. He said when the house sells he will give them to me, but he is advertising the house with the items in it. Right now he is out ...

04/09/2007 | Category » Property Settlements  State » WA  #2839
What can I do to enforce the divorce decree regarding my ex's pension plan?

I divorced my husband of 26 years. During that time, he insisted I be a stay at home mom. As a result, I have no retirement. We went into mediation for property settlement. He had a 401 K, and Boeing Vested pension plan, instead of forcing him to sell the home, and split the valu...

04/10/2007 | Category » Property Settlements  State » OK  #2923
Am I entitled to any of my husband's retirement if we divorce?

I'm married 8 years and my ex-husband he has a retirement at his work. I'm entitled to half of his retirement by the time his retired if we are divorced.

04/22/2007 | Category » Property Settlements  State » CA  #3261
Am I able to recover bonds that my husband spent during our marriage that were gifts to me?

During my marriage, I received sizable cash and EE Bond gifts from my grandparents. Some were used by my mate to invest in a business venture that failed or for purchases. What is the status of their value during a divorce?

05/03/2007 | Category » Property Settlements  State » TX  #3628
Is my brother entitled to any equity the marital home might hold if the wife purchased it?

My brother has been married for two years. His wife wants a divorce. They purchased a home together which is in both names, with money that the wife had from a legal settlement. Is my brother legally entitled to any portion of the house? The wife seems to think he is not.

05/06/2007 | Category » Property Settlements  State » WV  #3894
What can my husband do if his ex-wife took the vehicle awarded to him in the divorce without asking?

My husband's ex-wife took his jeep from work. In their divorce it says (wife transfers to husband as his sole and separate property the following 2004 Jeep wrangler) does she have a right now to take it becouse her name is on the loan and she did not like the fact that we got mar...

05/08/2007 | Category » Property Settlements  State » MO  #4136
If my wife and I divorce who will get the house we purchased nine months ago?

My wife and I have been separated for the past two weeks. We bought a house about 9 months ago and the house is in my name. Should we get a divorce will I be able to keep the house?

05/09/2007 | Category » Property Settlements  State » IN  #4329
Would I be entitled to the equity on the home of my former wife?

I married a women who already had her own home. We divorced after about 4 years. About a year later we started dating again and it became my primary resident, again. I co- signed on a home equity loan on the property. Now we are no longer together and I'm trying to move on...

05/13/2007 | Category » Property Settlements  State » FL  #4586
If I divorce my husband so I have any rights to our home since it is in just his name?

My husband and I bought a house during our marriage. We put it in his name only because of credit issues. It is his sole property. If we were to divorce would I have any rights to the property?

05/19/2007 | Category » Property Settlements  State » ALL  #5350

The most common method in transferring a mortgage to another spouse's name only is through a r...

Me and my wife have both are names on a mortgage what do I after do to get my name off of it and give her the house.

05/24/2007 | Category » Property Settlements  State » NH  #5808

An action for partition usually arises when there is a dispute as to how to divide property, o...

What is a sale by partition? Is this the appropriate remedy when a spouse in a divorce action refuses to list the home for sale?

05/31/2007 | Category » Property Settlements  State » FL  #6090

A stipulated agreement is an agreement of the parties with regard to this issues that are in ...

My ex-husband and I own a boat and he refuses to sell it. I can no longer afford my portion of the upkeep of the boat because I have no money. I had to file a request to the court to make him cooperate in the sale of this boat, with the proceeds to be divided equally 50/50 to ...

06/01/2007 | Category » Property Settlements  State » CA  #6102
If the house was in my husband's name after 19 years of marriage who would get it?

California - Married 19 years. House in husband's name. Is the house the husbands or must it be divided. Wife left the with the children.

06/11/2007 | Category » Property Settlements  State » CA  #6322

If the house was acquired during the marriage, it is considered marital property unless it was...

Prior to our marriage, I put down a $10,000 down payment for the house we purchased together. We are now divorcing. What is Utah law with regards to this situation? Am I entitled to the $10,000 as part of my divorce settlement in addition to 1/2 the equity in the house. Is th...

07/19/2007 | Category » Property Settlements  State » UT  #7319

Arizona is a community property state. This generally means that property acquired prior to th...

How are assets divided in the case of a divorce in the state of Arizona?

08/20/2007 | Category » Property Settlements  State » AZ  #8064

A domestic relations order is a judgment, decree, or order (including the approval of a proper...

What does the following phrase mean: Redacted Proposed Qualified Relations Order"?

08/20/2007 | Category » Property Settlements  State » AK  #8079

The full faith and credit clause of the United States Constitution prescribes that a state mus...

Can the state of georgia enforce the property division that was issued in Florida?

09/13/2007 | Category » Property Settlements  State » TX  #8708
What can I do if I have enriched to property I live on more than I paid and am considering divorce?

What if a person in a marriage has enriched the property they live on more than they paid for it. The property had a house on it with 3 acres; I planted a citrus grove with 600 producing trees.

12/17/2008 | Category » Property Settlements  State » LA  #14822
What are the husband's rights if the wife has been cheating?

In Arizona, if the wife is requesting the divorce - and the husband can prove that she has been committing adultery, can she still receive half of everything they own - including what he acquired prior to their marriage? What are the husband's rights? (I am asking this on behalf...

02/02/2009 | Category » Property Settlements  State » CO  #15131
What can I do to force my ex husband into helping refinance until we can sell the marital home?

Our divorce decree indicates that we put our house up for sale. We did, but because of today's market, we've only had two lookers in the past 12 months. Our decree indicates that I can live in the house until it is sold. I own 60% of the house and my ex-husband owns 40%; we m...

02/21/2009 | Category » Property Settlements  State » ID  #15323
Spouse's Ability to Make Claims on Separate Property in Arizona

My dad is 65 and getting remarried. He states that he has a will leaving his property to his children. Arizona is a community property state. If the house is in his name, something happens to him, or she divorces him, would I be entitled to his property? I would like the major...

03/10/2009 | Category » Property Settlements  State » WA  #15521
If my son's wife won a lottery but is divorcing him, is he entitled to any money?

My son is in prison in another state, his wife has filed for Divorce. She just won a large sum in a lottery and she has inherited a home from her grandmother. Does he have any rights to these assets in a divorce settlement?

03/11/2009 | Category » Property Settlements  State » TN  #15540
Am I entitled to a part of the business I helped my ex to start?

I was divorced in 2003 my ex spouse is to receive 45% of my civil service retirement. I can't live off this. Can it be amended? I helped him to start his own business am I entitled to part of the business?

03/19/2009 | Category » Property Settlements  State » OH  #15687
Is my wife entitled to property I owned before we got married now that we are divorcing?

If I already owned property before I got married does my wife have rights to them if we divorce?

03/19/2009 | Category » Property Settlements  State » PA  #15690
What can I do to have my ex husband's name removed from the deed as per the divorce decree?

I was divorced 10/15/1993. I was awarded the house. The petitioner--(My ex- Husband) was divested of all right, title, interest and claim to the property. He did not sign a quit claim deed. I have no way of contacting him. If I did there is no quarantee he would sign any deed. Wh...

03/21/2009 | Category » Property Settlements  State » TX  #15713
Does the division of property need to be included in the divorce decree?

On the petition form, under discovery, level 1 asks about less than $50,000 in property. Does this include a house with a mortgage? We are trying to sell the house and have agreed to split any profit or debt associated. We also agree to divide community property on our own, so do...

03/31/2009 | Category » Property Settlements  State » TX  #15826
Would my wife's retirement pension be considered joint property?

My wife left her job in CA after 12 years of service with UCLA (8 married to me). She is eligible for a pension at age 50 or 55 from UCLA for that 12 years. Is that pension considered joint property and if so, is my portion 50% x 8/12??

04/02/2009 | Category » Property Settlements  State » FL  #15857
How can I collect back alimony that has not been paid?

I'm divorced and got alimony for 4 years; however, my ex has not paid since last year. He lost his day job, but he is also self-employed. Should I go back to court for payments not received? We are still holding title as joint with survivorship can that be changed to joint in com...

04/20/2009 | Category » Property Settlements  State » NV  #16051
Can my husband kick me out of the house if we are both on the deed?

My husband and I are married and both on the title to our house of 7 years. When we talk about splitting up, divorce he tells me he will kick me out of the house and if I don't go he will throw me out. Who legally can stay in the house.

04/27/2009 | Category » Property Settlements  State » ALL  #16147
If my husband divorces me, can he take my car if he holds the title?

My husband wants to divorce and take my car (he holds the title). I was married for almost 5 years. I am a student and do not work- what is my options, how I can keep the car?

05/05/2009 | Category » Property Settlements  State » CA  #16580
If I was married for less than one year what is the fair way to divide our property?

I only married for a short time for one year marriage; however, because of my husband's viloence I filed the divorce. We have one child. How can we divide our property if we only have this short marriage?

05/17/2009 | Category » Property Settlements  State » CA  #16691
How would the court determine the value of rental properties for divorce purposes?

If there are rental properties involved in a divorce; and the properties are the spouse's company, which is under a corporation. How would they determine the 50% for the other spouse. Would they use market value and take into consideration he receives rental income from these pro...

05/18/2009 | Category » Property Settlements  State » GA  #16699
Can I have my wife removed from our home before the divorce?

If my wife has already made it clear that she is leaving and has moved her things out of the home; along with changing her address with the SOS, can I have her removed? There are other issues also like immigration fraud and her taking our son to her parents who have over stayed t...

05/31/2009 | Category » Property Settlements  State » MI  #16830
Is my husband able to claim any of the property I will inherit when my mom dies?

My mother gifted to me in her will her old family farm. I have a quitclaim deed to me and my husband from her. When she dies it will be part of my inheritance from her. My husband now wants a divorce. In Tennessee is he able to claim any of this property.

06/02/2009 | Category » Property Settlements  State » TN  #16840
Do I Need to Trace Funds Used to Buy Marital Property in California?

In my divorce settlement, I can show that I had approximately $200,000 of my own money invested in the home I was building at the time of marriage [04/02/83]. In July of '83 I transferred my bride's name onto the deed. Was it necessary for me to document the $200,000 as separate ...

06/21/2009 | Category » Property Settlements  State » CA  #17100
Can I Object to the Valuation of an Asset in My Property Settlement?

During the process of my Divorce over 2 and a half years I hired 3 Lawyers. The first lawyer had the pension valuation at $221,000, the second lawyer at $91,000. I repeatedly asked my most recent lawyer to ask for a revaluation from my husband's attorney as it was/is his Pensio...

06/21/2009 | Category » Property Settlements  State » IN  #17117
Can I Prevent My Spouse From Entering My Home After She Left Me?

I'm married, but my wife moved out of our home to an apartment and changed her address at the post office. I am the loan holder, but we are both on the deed. I don't want her just showing up or having access to our home anymore. She thinks she can and that I cannot change the ...

06/29/2009 | Category » Property Settlements  State » VA  #17248
Can My Ex-Husband Make Remove Me From the Deed to Refinance the Property?

My ex-husband is living in the community home and wants to refinance it in order to pay miscellaneous bills. Ultimately he wants to take my name off the loan; although, he still owes me $50K in equity. However, he cannot afford to pay me $50K until the appraised value goes back u...

01/30/2010 | Category » Property Settlements  State » CA  #20699
Am I Entitled to Half My Husband's Business if We Divorce?

My husband and I do not have a legal separation or divorce. However, he resides in California and I in Arizona. If he starts a business in California, am I entitled to half? He still uses our home address to file taxes, etc.

01/30/2010 | Category » Property Settlements  State » CA  #20701
How Does Remarriage Affect a QDRO?

I have been divorced from my ex for the last 15 years, and she remarried 5years ago and she is still getting half of my Postal Pension to this day. Between her and her husband, they make a combined salary in excess of $100,00.00 a year and they also own 6 duplexes and at least 4 ...

02/23/2011 | Category » Property Settlements  State » FL  #24288
How Can I Make a Former Spouse Pay a Credit Card Debt?

I was awarded the credit card and debt during the mediation agreement, prior to being awarded the CC my ex-wife charged her legal fees to the card. In the divorce decree it states that both parties are responisible for their own legal fees. She did not and has not made any paymen...

04/04/2011 | Category » Property Settlements  State » TX  #24560