Pella, IA asked in Divorce and Family Law for Iowa

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.

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1 Lawyer Answer

Jesse Michael Marzen

Answered
  • West Des Moines, IA
  • Licensed in Iowa

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.

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