Q: If items are in my fathers name and my name, can his wife take those items in a divorce?
My fathers wife is greedy. She kissed our butts while they were dating. The moment they were married it all changed. She had him do everything for her and her kids. She has 4 kids whom have significant others, 8 grandchildren and 1 great grandchild. She pays for anything they ask for. Her 1st husband left her and she lived off the state for many years. It is just my sister and I and our 3 kids with significant others. My stepmother always states that my sister and I are spoiled and should not be allowed to get any love or assistance from them. I have held a job since 18 and ran into trouble once. His total amount of help $2500. He has helped my sister, but he has done way more for her family to the point of exhaustion. When she finds out that he is leaving her, she is going to flip out. Let me also mention that they still owe what they paid for on the house and he never sees a check book. I am trying to help him so he is not broke when he leaves. Help, please.
A: Your step-mother may, or may not, be able to take the items that are listed in yours and his names. It depends on when the item was purchased, and how title to that items got into your and his names. If the item was purchased before he and your stepmother were married, then it is 'pre-marital' property, and he will get to retain that item.
There are many things involved in preparing to dissolve a marriage. Your father should seek the advice of an attorney about specific items in question. That attorney will be able to not only answer your father's questions, but also help him plan for the separation and dissolution of marriage action.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.