Divorce question??

[JEFF-N-MICHELLE]

I hear mixed answers on this one going through a divorce (for 2 yrs) now nothing finalized am i entitled to the equity in the house the day i left or the day the divorce is finalized.Only a difference of about a 100,000 so you can see my concerns or wishful thinking.

[73kona455]

I hear mixed answers on this one going through a divorce (for 2 yrs) now nothing finalized am i entitled to the equity in the house the day i left or the day the divorce is finalized.Only a difference of about a 100,000 so you can see my concerns or wishful thinking.
I would think it would be from the time the divorce was filed... but could be wrong.

[bordsmnj]

well there's always a lawyers honest opinion to be bought but what does your conscience tell you the absolute fairest way to split it is? i think alot of things could come in to play in an honest self searching answer.
j/k! gouge for everything you can and hope for the best. good bad or indifferent that just the way it works in our state.good luck! :D -jas

[Daytona100]

California bro 50-50 plus child support plus 50% of dept & assets. And if you were lucky enough to make it 10 plus years you qualify for spousal support for half the time you were HAPPILY married. O.J had the right idea; :boxingguy

[Kilrtoy]

Take that bitch for everything you can, she is trying to do it to you.....

[JEFF-N-MICHELLE]

What she thinks is fair is she gets to keep the house and everything in it all the equity (160,000) half of my 401 k 500 month spousal support 600 a month child support(no problem paying that one) that is until my 13 year old son comes to live with me full time (oct 7th hopefully)the 1 ton chevy and all get is the 88 toyota 4x4 where is the logic.

[CA Stu]

First thing to do is change your user name to JEFF-N-WHOORE.
:D
I don't know you, but I wouldn't wish divorce on my worst enemy, Kilrtoy is right, hire a shark and do unto her before she does unto you.
Good Luck
CA Stu

[JEFF-N-MICHELLE]

You dont know me and it would be appreciated if you did not call my g/f a *****.

[73kona455]

are you getting full custody?.. have had custody of my son since he was 8 months old.. he just turned 12 yrs old the 3rd of this month..sounds like u need to try and get everything that u think u want.. she doesnt sound like she is wanting to play fair.. go fo the throat.

[JEFF-N-MICHELLE]

He has wanted to live with me fulltime for about a year now been trying and trying waited tilhe turned 13 so ha has the right to choose (pretty much)and she is fighting me/him on it. But out courtdate is oct 7 almost positive it willgo our way..

[JEFF-N-MICHELLE]

full custody he will go see her every other weekend..we live about 2 miles apart so no change in school or anything like that.

[73kona455]

He has wanted to live with me fulltime for about a year now been trying and trying waited tilhe turned 13 so ha has the right to choose (pretty much)and she is fighting me/him on it. But out courtdate is oct 7 almost positive it willgo our way..
good luck with it.. make her pay you child support... my ex is $13000 behind on her support...she rarely see's my son( her loss)...

[SHAKE-YO-AZZ]

good luck with it.. make her pay you child support... my ex is $13000 behind on her support...she rarely see's my son( her loss)...
get a bigger boat and anchor. And tie it tight this time. Dont talk to your new girl because the police will have her to tape your conversations

[JEFF-N-MICHELLE]

For sure her loss on your ex not seeing her son,And speaking of child support right now i pay roughly 640 a month something like that and i have both my kids on my days off which equals about 45% of the time i only work 14 days month what will it do to the child support if i have my son full time and he sees her every other weekend and i still have my daughter 14 days a month

[JEFF-N-MICHELLE]

There is no conversation to tape shake just alot of moaning and screaming :eek:

[JEFF-N-MICHELLE]

I do get half the equity a new bigger boat will be defiently in the making

[Cas]

at 13, they really don't have a choice but their wants and wishes have more weight than before....went through it a few years ago.
As far as the assets, split down the middle is what will happen. She can ask for all she wants but it's 50/50. The best way is to come to an agreement together but more than likely that's not going to happen. When you get to court, be ready for the judge to say sell everything and split it. The exceptions are things you may have had before you married and any inheritance either of you may have gotten but not the interest or gains.
As far as the house goes, mine was sold just before the d was finalized and we were to split the equity from the date we were married to the date of the divorce. I bought the house a year before we married so I got my original money back plus ½ the equity. Unfortunately, as it turned out, all the money went alsewhere so I didn't see a dime..........real long story.

[Kindsvater Flat]

I'm lucky. She doesn't see him I don't see her. I never asked for child support. I told her to take what she wanted. I only wanted my son. Last I know she is still in the hospital for a drug overdose again. Oh well. I'm happy and the son is happy so what else is there.
Take whats important Jeff. If that day is Oct 3rd so be it. Believe me its worth the fight!!

[JEFF-N-MICHELLE]

Yeah it is not a sure thing but we were in court already and the judge made us go to co-parenting and the court mediator even suggested that my son get to live with me full time.the classes are finished (1000) dollars later that i had to pay for but that is chicken feed if my son gets to live with me fulltime..

[JEFF-N-MICHELLE]

worth the fight kindavator my son has even asked his my just to let me live with dad full time but she refuses so court we went.

[Kindsvater Flat]

Yeah it is not a sure thing but we were in court already and the judge made us go to co-parenting and the court mediator even suggested that my son get to live with me full time.the classes are finished (1000) dollars later that i had to pay for but that is chicken feed if my son gets to live with me fulltime..
It took me 5 visits to the mediator to get it through the sexist bitches head that she had problems. The final straw was during a meeting with the mediator she called and said the car wouldn't start and the had to reschedule. I called BS and said I would be back in 15 with her and she was high as a kite. Mediator pulled me outside, apolgized and said there would be no reason to have any further meetings for quite some time. That was 10yrs ago.
Good luck and I hope it all works out Jeff. Keep us updated on this.
Mike

[73kona455]

For sure her loss on your ex not seeing her son,And speaking of child support right now i pay roughly 640 a month something like that and i have both my kids on my days off which equals about 45% of the time i only work 14 days month what will it do to the child support if i have my son full time and he sees her every other weekend and i still have my daughter 14 days a month
sounds like u will both have a child about 50% of the time if i read that right.. looks like no one would have to pay.. but you never know with the legal system.. hell my ex only had to pay $27 a week for a long time.. and wouldnt even pay that.. now its up to $54 a week and she still isnt paying.. she is a alcoholic and all she cares about is where her next bottle of booze is coming from..she has been to jail several times for not paying.. and looks like its not far off again,,
Good Luck with the fight... i know here( in Arkansas) when a child is 12 they can decide which parent they want to live with..

[JEFF-N-MICHELLE]

i will have my son full time he will see his mom every other weekend and i will still have my daughter 40-45% percent of the time.So now does she owe me child support even though i make way more than her.

[73kona455]

i will have my son full time he will see his mom every other weekend and i will still have my daughter 40-45% percent of the time.So now does she owe me child support even though i make way more than her.
i would think so.. but in california i have no idea... in all fairness she should have to pay you.. i think that goes along with all the other equal rights that women demand....

[Wally_Gator]

J-N-M,
If your son is with you all the time. She will owe you support for that time. If your daughter is with you less than 50%, you should only owe for the difference of the time to make up 50%, plus any support for expenses that are incurred at her primary residence. Medical and Dental Insurance and the like...
It sounds like you are going about this right. You have the right to ask for everything you want. When it comes to the kids, the court will try to do what is in the children's best interest. As long as you keep their best interest in mind (and it sounds like you are) you shoud be alright. You can stick it to her, but be above board about it all. Make sure that you are not doing anything that would be frowned upon by the court.
Good luck..

[ratso]

...don't get me started on this shit... :burningm: :mad: :mad:

[Tremor Therapy]

I have walked this path, and many are correct. You are entitled to half....period. Don't let anyone try and convince you of anything else. Your child does not have the right to choose...the courts will do what they think is in your childs best interest. Their opinion will carry weight, but they do not have the right to "choose." Everything is 50-50, so understand that the court will try and rectify everything to that level. Above all, follow the advice of staying above board. If you come in like an a'hole, you will get treated like one. If you come in level headed, playing the 50-50 fair equity, all I want to do is make sure my children are cared for card, the courts will see that you are being reasonable, and the judgement will probably be so. Just remember one thing.....in Cali, if you are the man, you are gonna get screwed (first hand knowledge) so stand your ground firmly, and you'll get about as fair a judgement as this state allows.

[Scream]

I recently had a friend in a similar equity situation. His divorce went on for 2 1/2 years. She tried to take everything and stick it to him, because someone told her she could...The judge let them split the equity in the house WHEN THE DIVORCE WAS DECLARED FINAL, which really hosed his ex bigtime...Which is exactly what she deserved.
Take it to the wall, but be above board like Wally Gator says and you'll do fine, don't make it seem like a vendictive move, but one that demonstrates intrest in what's right for the kids...
Scream

[eliminatedsprinter]

Just remember the reason why divorce is so expensive.
Because it's worth it. :wink:
Good luck. I hope this will cheer you up little bit. :cool:

[Misogynist]

Damn... I went through the same thing 23 years ago..... hmmmmm .... and people wonder why I never re-married... luckily for me I didn't have any children and didn't have to pay spousal support......... but... I did lose everything............ :redface: ... but it was damn well worth it!......... :D

[JEFF-N-MICHELLE]

the right thing and trying to be more than fair I told the ex let me have the chevy (she dont drive it) she gets the toyota i keep my 401 k (50,000) she gives me 15,000 equty from the house right now aprox 160,000 in equity she stops spousal support 5,000 a year she only has 4 years left anyways =20,000 and we are through...cut and dry.

[JustDawn]

the right thing and trying to be more than fair I told the ex let me have the chevy (she dont drive it) she gets the toyota i keep my 401 k (50,000) she gives me 15,000 equty from the house right now aprox 160,000 in equity she stops spousal support 5,000 a year she only has 4 years left anyways =20,000 and we are through...cut and dry.
Hey, by the time my ex and I had finished :hammerhea each other we were three years and 100 grand down the road. My ex was running all over town telling anyone who would listen that he'd rather the lawyers have it than me. In the meantime our middle son was hospitalized for depression (the first time) when he was only 10 . His third stay was for a suicide attempt. It just isn't worth it. Find yourselves a good mediator and get it over with. Life is just WAY too short...................................

[SHAKE-YO-AZZ]

BROKE AN HAPPY IS FAR BETTER THAN RICH AND LIVING WITH A B*T*H :mad:

[racecar.hotshoe]

BROKE AN HAPPY IS FAR BETTER THAN RICH AND LIVING WITH A B*T*H :mad:
AMEN!

[Misogynist]

The sad reality is any notion of "fairness" goes right out the window in a divorce... It doesn't matter what either party did... or contributed to the marriage... or caused the divorce... it all boils down to what some old bastard in black robes sitting on a bench decides... they sometimes go by what is "legal precedence"... plus..... most judges have this idea that the divorced woman should NOT have any change in her lifestyle... they don't care if YOU.. because of being male... have to sleep in the gutter and use the curb as a pillow... They believe that the WOMAN should not have to lower her lifestyle... so... the better they had it while married... the worse you will have it in a divorce... nice... huh... fair?... I don't think so. Having dependant children complicates the situation even more... Next if things get nasty.. your wife can accuse you of molesting your children... try getting visitation rights then... There was a doctor in Van Nuys that was so upset because his wife had accused him of molesting their daughter... he murdered her in the courthouse... she had caused him to lose his medical license and mouthed out in the lobby of the court telling him " I told you I'd ruin you for divorcing me"... he shot her... and her attorney.. then killed himself.. this happened about 10 years ago... Any one else remember?

[ROZ]

You dont know me and it would be appreciated if you did not call my g/f a *****.
You're right, we don't know you. For that exact reason my thought was the same as Stu's. Sorry, dude...
Find yourselves a good mediator and get it over with. Life is just WAY too short................................... Mediation is great advise for both you and your soon to be ex spouse in regards to splitting up your assets. SAme results with a lot less cost and aggrivation. Use the attorney for custody issues....

[JustDawn]

BROKE AN HAPPY IS FAR BETTER THAN RICH AND LIVING WITH A B*T*H :mad: I agree.............and my ex still has more money than God. (millions) You see, I'm not a bitch. Just as soon as he finished dragging it out I signed on the dotted line, walked with a small settlement and do my very best to get along with him regardless of what he does, says etc. I make sure to do the same with his family. They are afterall my childrens family also. And at this point my kids are old enough to know who did what to who and who continues to do the "right" thing regardless of how hurt, pissed off, irritated that I may get.