Divorce Transition, Equity in the Home, Custody Rights

0
1313
Rating :
(0 Votes )

Jeffery Leving is the nations leading Fathers Rights Attorney and offers FREE advice on SingleDad.com. Learn about the Divorce Transition process and the division of equity in a home and a fair custody schedule. Read more…

Ask a Lawyer: Divorce Transition, Equity in the Home, Custody Rights

Jeffery Leving is the nations
leading Fathers Rights Attorney and offers FREE advice on SingleDad.com. Learn
about the Divorce Transition process and the division of equity in a home and a
fair custody schedule. Read more…

Question:

My Wife has just informed me that she
wants to split. I have a 2 year-old daughter and 2 stepchildren. My wife and I
have been together 4 years and married for 2 years. I moved into the housed she
owned, (she had 150k equity in it) and we remortgaged the loan and got the loan
in both of our names.


Over the past 4 years, I was the parent choosing the part-time work in order to
look after the 3 children while my wife pursued a full time position. I feel like I played a key role in our
family and was a big influence emotionally, logistically and finically to the
household environment. My wife now wants me to leave and sign over the house immediately
without any compensation for the equity we both share.

I am not asking for anything more than what is fair to both
parties. What can I expect as a settlement? I just want what’s fair. All I need
is transition funds so I can get myself started in my new life with my daughter
and a custody schedule to see her

divorce

Answer:

You
are in an uncomfortable position having invested your financial and caretaking
efforts in the marriage and now being asked by your wife to abandon what rights
you may have for these important contributions. If your attorney is skilled in
family law, he will determine whether you have a direct ownership interest in
the home where you presently reside. Alternatively, he will advise you whether
you may otherwise be entitled to monetary reimbursement for all or a portion
the funds you invested in the house, money you can then use to provide a new
home for you and your daughter.

He will also assist you in obtaining the return
of the loans you made. If you were my client, I would immediately evaluate
whether you have a right to remain in the home during the pendency of the
divorce proceedings (even if your wife holds sole title to the property) and
counsel you accordingly. I would further advise you of the potential pitfalls
if you remain in the home, including a false claim of domestic violence by your
wife in order to have you improperly removed from the home by court-order, and
counsel you on how to proactively avoid this occurring. Additionally, if your
two your old daughter is your wife’s daughter too, you must obtain specialized
legal advice so that you are permitted to maintain a continuing and constant
relationship with her. Visit www.dadsrights.com
for a lot of great educational insight.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

SHARE
Previous articleHow to Make Healthy Corn Chowder
Next articleBeing Comfortable in Your Own Skin
Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”