What are my rights when my wife and I divorce? 8 Answers as of June 06, 2013

My wife is planning to divorce me soon and she has her house and her car under her name only and other under both of our name. We still owe money for the bank on it, and a credit card bill. I do not have a job or income and she has a job and income. My question is, I want to know who will be responsible for the credit card bill and do I have rights in the house or the house will be given back to her?

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Law Offices of Frances Headley | Frances Headley
Assets purchased and debts incurred during the marriage are community property of both spouses and subject to division upon dissolution. The title alone does not determine how the court will characterize an asset, particularly when both parties contributed to paying for something, like the house. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 6/6/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Assuming you are in California, you will have community property rights to everything acquired during marriage, including the house. She may get to t\keep the house but you can receive reimbursements. You really need some legal help here. You should also qualify for Sousal Support. There may be a self help center at your local court house where you can get some help.
Answer Applies to: California
Replied: 6/6/2013
S. Joseph Schramm | Joseph Schramm
In a divorce proceeding in Pennsylvania both spouses can make a claim for the equitable distribution of marital property which would include all assets and debts acquired during the marriage. This would include the house in both your names as well as the credit card debt if it is a jointly held card It would also include the mortgage on the home. The amount of the increased value in the house that your wife kept in her own name occurring during the marriage would also be subject to a claim for equitable distribution. However, what the parties ultimately receive depends on a number of factors like ages and health of the parties, their respective earning capacities and the length of the marriage.
Answer Applies to: Pennsylvania
Replied: 6/6/2013
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
When you go through a divorce, both parties keep everything that is separate property, such as property acquired prior to the marriage, while they divide all marital assets and debts by equitable distribution. In most cases, the easiest and fastest way to resolve a divorce is to split all marital assets and debts equally. However, it will be up to both parties and their attorneys to hopefully work out an amicable solution so that a long and drawn out divorce case can be avoided.
Answer Applies to: New York
Replied: 6/6/2013
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
This is not a question that can be answered in this type of forum. You need to schedule a consultation with a family law attorney so they can get the detailed background of your situation, ask the relevant questions, and then after getting that information advise you on the law in general that might apply to your case regarding property and debt division, spousal support, and custody and child support.
Answer Applies to: Georgia
Replied: 6/6/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Whether assets or debts are community property (owned equally) or separate property depends on several factors. First, was it acquired during marriage? If so, it is presumed to be community property unless there is a writing making it the separate property of one spouse. Also, if it was acquired as a gift or though inheritance, it is separate property, so long as it isn't co-mingled with community property. Some assets, such as homes, may be bought prior to the marriage, but have payments made during the marriage and therefore, the amount owed to the community must be determined by having a proper accounting done on the asset. These determinations can be complicated and it sounds like an attorney will be necessary to help you. If your wife is the primary earner in the marriage, she may very well be ordered to pay you Spousal Support and pay for your Attorney Fees. To hire an attorney, you may use community funds without advising her beforehand. Once you go through all the very specific issues of your case, your attorney will be able to help you look out for your best interests, both short term and long term.
    Answer Applies to: California
    Replied: 6/6/2013
    Law Office of Carolyn R. Jones
    Law Office of Carolyn R. Jones | Carolyn Jones
    If your wife bought the house prior to the marriage their may be argument that it is nonmarital property. If she bought it during it is marital property. As for the car you could request the one that is paid off. In order to fully answer your question I would require more details.
    Answer Applies to: Florida
    Replied: 6/6/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Read "thinking of divorce" on my website www.northtexasfamilylawyers.com for an outline of divorce procedures.
    Answer Applies to: Texas
    Replied: 6/6/2013
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