- December 3, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder can help with the situation by providing legal advice and clarification on the rights of the individual in this situation. It can help in understanding the legal implications of not being on the mortgage deed and the joint account, and provide information on the rights and options available in a family law context.
**Marital Rights and Financial Concerns: Understanding the Legal Implications**
My HusbandÔÇÖs Secret Financial Plan and the Legal Rights I Have: A Concerning Situation
My Experience as a Stay-at-Home-Mom and the Legal Implications of Financial Partnership
Understanding the Legal Implications of Joint Accounts and the Mortgage Deed
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Original Content:
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Revised Content:
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****** just grabbed a
Pay a local family law attorney for an hour of consultation around a post nup. If I’m you I’m not staying out of the workforce unless you have an agreement in place to ensure your stability during a period of reentry to the workforce in the event that you split.
Your state will make a difference.
Do you file joint tax returns?
Do you sign the tax return?
If I were in your situation where my spouse were really cagey about money, refusing access to accounts, etc, I would be a little concerned about the accuracy of what they are reporting to the IRS. If your husband is self employed and severely under reporting income to the IRS it can have the impact of both reducing the amount of social security you will be eligible for and creating an issue with determining his real income for child support, et al. You as an individual can contact the IRS, or visit an office if you have a problem requesting this information over the phone or online — online they’d need to know your AGI, or Adjusted Gross Income, so you’d need access to your returns, and request an account transcript. If anything looks weird, you can request return transcripts.
If you’re leaning towards leaving this person, the 3 years of house history aren’t necessarily a big loss to you in the grand scale of things so I wouldn’t overfocus on that aspect.
Don’t pay more than you have to on student loans either, you need cash now.
Don’t get pregnant again.
Are you going for:
a divorce and equitable division of property, child custody, child support, spousal support;
a post-nup including making changes so you have a right to the roof over your head;
marriage counseling so he starts to treat you as a partner and not a live-in maid;
something else?
I know the no-money feeling. Do you have a credit card? Friends, family?
Hey OP.
NAL. IÔÇÖd get back into to the workforce no matter what you need to do to make that happen, open a new account that is just yours and have your money placed into the new account.
**Consult an attorney**. A good one. You may need a forensic accountant involved(your attorney would help with this aspect). Did any work or anything for the house come from your ÔÇ£joint fundsÔÇØ or your personal funds? That can make a difference in your claim to the house. Did he ever tell you he would add you to the title at any point? Was there ever any communication around this in texts or emails?
I never just jump to divorce, but your husband pre-planned all of this. Waiting to marry until after the house was bought was very much on purpose and not commingling the funds the mortgage came from – it all shows a premeditation and understanding that you werenÔÇÖt buying a house together but a house *for him*, and he purposefully and willfully misled you on this on purpose.
He couldnÔÇÖt have asked you for a prenup because those canÔÇÖt leave one person without a place to live and would have had to account for where you would live in the event of a divorce. I would give serious thought and concern how safe a partner he would be long term if he could so coldly and mindfully put you in the position he has.
If you donÔÇÖt want a divorce I would still **consult an attorney** and work on filing then offer your husband the option to either buy a new home that would be in *both your names* or a separation and divorce. But obviously you need to figure out your resources and support and options. But IÔÇÖm not sure how you can trust him with anything loving forward because this seems so devious and underhanded.
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I would consider your husband’s control financial abuse at this point. He is actively isolating you from agency – i.e. you are trapped by his good will when it comes to money. You don’t want to put your child in day care but you have zero financial independence. You can’t do anything without his permission, essentially.
Try to get a job. “I need access to money that I decide what to do with, that I am free to use without your involvement.” Be really firm about it, it’s a marital boundary and partner agency is a matter of respect and trust. If he backpedals and gives you access, you have a need for couples counseling. If he doubles down and tries to stop from getting a job, he is very likely an abuser who will escalate over time, and wanting to keep your child out of daycare is actively leaving all of you in an abusive situation.
Tl;Dr worry less about the house and more about the financial control/abuse. You can try to consult with a lawyer before hand to try to have back up if the job-searching goes South.
Get a job and a different checking account. Your children will be fine with a babysitter.
Consult some divorce lawyers in your area, when you are ready, to see if he can get the house 100%.
Start paying for the house and keeping records of how it comes out of your account, too. There will be more. These are just a few items to think of.
Time to get a job and a lawyer. He is financially abusing you and setting you up – IÔÇÖm so sorry you have children with this person.
And honestly? He is setting your children up as well.
He is taking planned, active steps to make absolutely sure you are left homeless and penniless in case of divorce.
Edited to reflect the correction pointed out below with apologies for my error.
He can easily calculate how much his support obligations will be AFTER you divorce him and start transferring that to your account now.
Sorry you didnÔÇÖt realize he was defective until now but you need to get your ducks in a row.
This sounds like financial abuse, regardless of the house.
He’s played you hard-core! Get a lawyer now! But unfortunately sounds like you have to legal standing to the house as it was brought before marriage and being a sahm isn’t going to do much considering his job. You need a job asap and start saving because if he does divorce you you’ll need somewhere to live and you need money for a good lawyer
I’m really sorry to hear about your story. It’s time to think of the future. Yeah, you can hope for the best, but prepare for the worst. If he purchased the house before marriage and you are not on the mortgage or deed, it’s considered a premarital asset, and depending on your state, you have no claims on this property.
The scary part is he’s a lawyer, and I’m pretty sure he researched this info. You have to view this situation objectively. What advice would you give someone else? Get it together, girl, because your husband has a plan, and it doesn’t benefit you.
NAL OP, it stinks but can you even get a part time job and do daycare 2 days a week? Or aomething similar.
He’s preparing himself for the future and I hope you do as well.
Go to an attorney have a post nup done. This will ensure you some equality. But, your state can make it hard. I would 100% go back to work. Try to pay your student loans off and build a savings for the event he may want to separate one day. This is so you also have money to relocate and not be homeless. This is the issue being a stay at home mom for many. It sucks you would need daycare, but from a savings point of view worth it if he ever left.
Please talk to a divorce attorney. You can ask about your rights as a SAHM in the event of a divorce. You should be able to get real answers and maybe reasonable advice on exactly how to protect yourself going forward. IÔÇÖd suggest that you gather questions beforehand with your specific situation details. That way your consultation should give you the most information you can get. Truly your value is immeasurable but itÔÇÖs rarely recognized as such. I hope things work out for you!!!
NAL. But you posted a month and a half ago about your husbands drinking, youÔÇÖve got to realize you are worthy of a better relationship than your husband. I donÔÇÖt know you or your husband, and there are two sides to every story. With that being said, you need to nip this in the bud NOW. If not, you WILL be trampled on your entire life, and your children will probably trample on you as well. If your husband treats you like that, why wouldnÔÇÖt they? You need to secretly talk with a divorce attorney, and get your ducks in a row. Then after, you give him an ultimatum and if he doesnÔÇÖt want to treat you like an equal, then leave him and find someone that will. It sounds like you both agreed that you would be a SAHM, and he would take care of living expenses. HeÔÇÖs a control freak and thatÔÇÖs not a good living situation for a family. I grew up in a family similar, and it was not healthy. Your husband being a lawyer doesnÔÇÖt change anything. Know your worth!
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NAL and in CA but the fact that it was a pre-marital asset in his name alone is a pretty significant detail that would likely lead to him being able to claim as his pre-marital separate property asset. It will also depend significantly on the funds used to make the down payment. Again if he used his separate property pre-marital money that would pretty much make it 100% his. If you contributed towards the funds to purchase you could have a separate property reimbursement claiming meaning he would have to pay you back those funds if he retains ownership. However again depending on SC and if he can claim funds to pay the mortgage were his separate property – most likely the only way he could claim this is if he had a pre-marital account and only used funds from that account to pay it and did not make any post-marriage earning contributions to it or if there is a pre-nup stating the account/post-marital earnings are his separate property. Even if he has not added you to an account if he deposited post marital earnings into the account it would be considered community property assuming no pre nup. Same would be true for any earnings you deposited into an account not in his name if you made post marriage income deposits would be community property or again if there is a pre nup stating that any income earned during the marriage is separate property. If that is the case and your earnings are each others separate property you could make reimbursement claims for the insurance other bills you paid exclusively.
INFO NEEDED: source of funds to pay for house and if there is any kind of prenup
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Where do you live? Can you at least share what country youÔÇÖre in?
I ask because there are places where you are entitled to half of the home regardless of whether or not youÔÇÖre on the mortgage (for example, Canada)
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Time to go back to work and have access to your own money. Start saving as much as you can. You needing to ask for money instead of having your own is a huge red flag. You might be able to get alimony if you divorce, but I doubt that you can get the house. IÔÇÖm not a lawyer, you need to get in to see one asap and see what your options would be.
If he used money earned during the marriage to pay the mortgage, some of the equity in the house is marital property. ItÔÇÖs even possible to argue that the entire house has been transmuted into marital property if so.
You need your own lawyer because each state is different, and I assume your husband knows all the tricks.
You’re probably better protected than you think and then he would like you to believe. You should contact a divorce lawyer in your state asap – they will give you a free consult and let you know how to proceed. In general, courts are not super pro allowing spouses to structure things to avoid splitting property without using the actual mechanism that is intended for that purpose (ie, a prenup). To the degree a judge will look at his actions and say they were intended to avoid splitting property in bad faith he’ll probably be inclined to side with you. But you need a lawyer now!