- April 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Daughter’s Divorce Situation with Financial Complications
My daughter is currently in the process of preparing for a divorce from her emotionally abusive husband. The situation is complicated by the fact that her husband has not had a job for two years, making it difficult to prove his contribution to their finances.
## Property and Financial Disputes
Prior to the marriage, her husband purchased a house in which they lived together. She contributed $10,000 towards improvements on the property with the intention of eventually selling it for profit. Additionally, they were gifted a house from his grandmother with the condition of paying the taxes, which she took on due to his lack of employment. However, she ultimately decided not to live in the second house.
Now that the first house has been sold, she took $8000 from the proceeds and placed it into a separate bank account to protect her financial interests. Her husband is now demanding the money be returned, creating a contentious financial dispute.
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## Legal Advice and Preparation
Her initial consultation with a “freebie” lawyer advised her not to return the money but also cautioned against further financial transactions or purchases. It is crucial for her to follow this advice and refrain from any actions that could jeopardize her financial standing in the divorce proceedings. Additionally, she should be aware of other important considerations in a divorce in Indiana, such as property division laws, spousal support, and child custody arrangements.
Through the AI Legalese Decoder, your daughter can access clear and concise information on her legal rights and obligations during the divorce process, empowering her to make informed decisions and protect her interests.
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****** just grabbed a
She should get a real divorce attorney.
Yes, in general it’s a very bad idea to take marital assets and keep them for yourself pre divorce. Judges do not like people doing that at all.
I am a lawyer, not your lawyer and not an Indiana lawyer. Take a deep breath. Good golly Pete, I love it when people who know no facts accuse people of stealing l. In most states even if it only had his name on the title, he could not sell it unless she signed the deed. You do not say if she insisted on being paid a portion separate at closing or if she took money from a joint tenancy account, both are perfectly legal.
Sadly, from what you have described, the 8k is probably close to what she will be entitled to get from the marriage because that is close to what she put in to flip the house. IMO, she can’t get back taxes, support, living expenses and the other house was a gift to her husband which is generally not marital property even in a community property state. There may be some consideration since he never contributed anything to the marriage unless he was working on the house to flip it.
Here is your dilemma, pay a lawyer a $5,000 retainer to get a divorce and settlement of what you have or go down to the county courthouse get a do it yourself divorce and let him sue you for a settlement. Divorces and settlements can be separate. Let him pay an attorney.
By the way, she needs to move out and take her support with her. In most states you can get a divorce based on time separated.
Keep in mind this is written by a law firm to encourage people to hire them, but does explain alternative ways of divorce:
https://www.oflaherty-law.com/learn-about-law/how-to-file-for-divorce-in-indiana-guide
The issue is she took money from the sale of a house that was a premarital asset without permission of the person the money legally belonged to. That is called stealing. Yes, the judge will look badly on her for that.
It is possible she may have been able to get her $10,000 back in the divorce. However, since she decided to take matters into her own hands she may end up having to pay the money back to him.
She should not give it back until she’s hired a lawyer. Which she should do very soon.
She needs an attorney. Not a freebie. Asap.
She also needs to open a bank account that doesn’t have anyone else on it.