STBX on Disability - Can he get Half?

iVillage Member
Registered: 02-24-2005
STBX on Disability - Can he get Half?
4
Thu, 02-24-2005 - 2:37am

My STBX has been on Social Security Disability for 10 years, for problems with depression, and anxiety. He also has severe back problems. During our 15 year marriage, I have been the sole bread winner. We bought a house a little over 2 years ago. For the down payment, I cleaned out the very small 401K I had, and I have been paying the mortgage on my own, ever since I kicked him out more than 7 months ago.

What I'm trying to find out, is if he has any legal rights to HALF of the house? He has agreed to "give" me the house, but with the stipulation that when the house is sold (which I'm planning on doing in the next couple of years) that he get a few thousand dollars to purchase a vehicle, with the remainder of "his half" going to our child for college.

Because I've obviously paid much more than half of the living expenses in our relationship, does that give me any leverage with the court, to be awarded the house free and clear? We are getting divorced in New Hampshire. We don't have a lot of money, so we are both going through with this without legal representation. The "do-it-yourself" divorce fee through the local county court house, is $150. The divorce is my idea - it's not something that he really wants, but he is cooperating because he knows I'm not happy. We both signed the Joint Petition for Divorce and I have filed it with the court.

I'm hoping someone out there has either gone through, or knows someone who's gone through a divorce with one party being on Social Security Disability.

Any information would be greatly appreciated.

SuzQ

iVillage Member
Registered: 02-19-2004
Thu, 02-24-2005 - 9:44am

My belief is yes. But you really need to have at attorney answer that for you, and at least review the agreement. There may be a way to word the agreement so that if he agrees to only get a few thousand dollars upon sale of the house that is all he gets, but if it's not handled properly, he might be able to come back later and reopen the issue and get more. If he agrees that most of his half goes to the college fund for your child, that is something he can certainly agree to and it means he would be giving up his half - and that can be legally binding if it's handled properly.

The laws vary state to state, but most states say that marital property is to be split equitably (fairly, usually split evenly) among both parties. The reason it isn't always half is because it's hard to split everything down the middle. You may take the 401k plan and he might take most of the furniture, and as long as things add up to be fairly even when you add up the money and the value of property each person kept, that is fine.

In most states he is legally entitled to half (with some exceptions, and in divorce everything is negotiable). Most times the man is the breadwinner and most times their wives get 1/2 in the divorce. If they didn't, we would all be screaming injustice since one's contribution to the marriage is not measured solely by $$ brought in the door. If you were a man and you said you don't want your wife to have half because she was disabled and never worked, you would probably be stoned before you had a chance to explain further. It may not seem fair that he could get half when he didn't contribute half, but life isn't fair. Divorce laws aren't always fair. Custody and child support are often not fair to one side or the other. It's just life. What matters is what the law says and how the agreement is worded - so please don't skip out on having an attorney review your document before you file. It will be a few hundred dollars very well spent.

Photobucket

iVillage Member
Registered: 03-19-2003
Thu, 02-24-2005 - 9:54am

Would the expense of an attorney *benefit* the situation???.... because if you rock the boat over what he's already agreed to, more than likely, you'll find yourself in need of an attorney.


I'm not sure how much "a few" thousand dollars is in the BIG picture of how much equity there will be.... but, if "a few" means even 3 or 4 thousand.... in my opinion, you'd be better of to just give him that cash by


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-13-2004
Thu, 02-24-2005 - 10:39am

The answer is yes, a friend of mine just went thru a divorce, his wife had worked for 20 some odd years but for the past 5years is on full social security diability. My friend had made the monthly house payment from day one,and she had paid the other bills. Any assets aquired during your marriage will be split down the middle,including the value of the home. So yes he is intitled to half of everything no matter who made the monthly payments. Just be aware, becuase your husband is on social security diability and I would assume your income is greater then what he gets from his social security disabiltiy, the court may see fit to award him more then half.. that also happened to my friend, his wife ended up getting 65% of the total value of their assets.


iVillage Member
Registered: 03-26-2003
Thu, 02-24-2005 - 12:40pm

"We bought a house a little over 2 years ago. For the down payment, I cleaned out the very small 401K I had, and I have been paying the mortgage on my own, ever since I kicked him out more than 7 months ago."

I agree that he may be entitled to half. But half of what? In my state, clear across the country from you, you would receive "credits" for all the months that you have been separated and paying down the mortgage all alone. You might also get to deduct, from the value of the house, the small 401K that you put into the down payment IF the 401K was earned prior to the marriage or came from inheritance (or was in some other way considered seperate property).

And so his "half" would be one half of: the value of the home as of the date of separation, MINUS the amount still owed on the mortgage. In other words, half of the equity that you two owned in the home when he left. Or in some States they would value the house as of the date of the final divorce (if your state does this then the credits for paying the mortgage alone becomes important). But his half would NOT be one-half of what the home is valued at when you sell it years from now. On his side, however, it is a hardship and a risk for him if you aren't going to get his name off of the mortgage. Can you re-fi? I think you REALLY REALLY need a legal opinion, and a professional valuation on the home.




Edited 2/24/2005 12:46 pm ET ET by rosemile