Q: I received my home in a previous marriage settlement. I am the sole name on the deed. Do I have to split proceeds 50/50?
I remarried in 2011 and have solely supported household for 5 years with present husband refusing to work. He claims he’s entitled to half of sale of the home. It’s this true? I want to separate and divorce.
A: Of course not. Based on your description, he may have some extremely minor marital interest but likely nothing of significance - so essentially, he likely has zero leverage against you. The best way to handle this is to sit down and be fair with each other and resolve all your marital issues with a simple formal written separation and property settlement agreement. This can be done for a flat rate fee of $250 for most average couples and a year later the divorce can be completed for a flat rate fee of $395. If he refuses to be reasonable, the alternative is to pay often thousands to hire stranges and have them make decisions for you that you and your spouse likely could have made yourselves for free or at very low cost. Of course, if he won't be reasonable with you, you may not have much choice other than to go that route and file a divorce from bed and board now to have him put out of the house (assuming he won't leave voluntarily) to start the separation period. Consult with a local family law attorney who can review your specific situation and lay out your options.
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.
