Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Can a husband take everything if the womans name isn't on anything and they are going through a divorce?

My best friend has been married for about 4 years and her name is not on the house or any of the cars. She has her own checking account but the majority of the money goes into his. Can he take everything away from her if they are going to go through a divorce or is she entitled to half?

Answer Question
 
Tamarock

Asked by Tamarock at 10:12 AM on Mar. 2, 2009 in Relationships

Level 1 (0 Credits)
Answers (11)
  • She is entitled to half. Sometimes the atty takes so much money that you could have bought new. Encourage her to fight for some of what she really needs, but when I see people fighting over their half of tupperware and such I think for the cost of their atty they could buy new. Anyway he can't keep everything.
    ria7

    Answer by ria7 at 10:15 AM on Mar. 2, 2009

  • not unless she signed a pre-nup
    gypsymama532

    Answer by gypsymama532 at 10:17 AM on Mar. 2, 2009

  • It's marital property whether her name is on it or not. So she gets half.
    admckenzie

    Answer by admckenzie at 10:17 AM on Mar. 2, 2009

  • It depends on when it was aquired. Before or after the marriage.
    jenniferlee_12

    Answer by jenniferlee_12 at 10:26 AM on Mar. 2, 2009

  • He can't take it all. She'll have to hire an attorney...sounds like it could get ugly.
    munch12502

    Answer by munch12502 at 10:31 AM on Mar. 2, 2009

  • Depends. Did he own the house before he married her? If he did, then it's not marital property and she's not entitled to it. Same with the cars. Bank account is his. Otherwise, she needs a lawyer to help her get what she's entitled to, if he didn't have the house/cars/etc. before the marriage.
    tropicalmama

    Answer by tropicalmama at 10:39 AM on Mar. 2, 2009

  • If he bought the house before he married her, then she is only entitled to the amount of equity accrued since their marriage and how much money she paid into them. Same thing with the cars if they were paid off or nearly paid off before they married.
    kathyartist2007

    Answer by kathyartist2007 at 10:41 AM on Mar. 2, 2009

  • The house was paid off before they got married but the cars were bought when they were married. She doesnt even want the house but she does want her car.
    Tamarock

    Answer by Tamarock at 10:44 AM on Mar. 2, 2009

  • Dumb mistake to not have name on everything. I watch every thing to make sure I am on every thing. No car loan no credit card is without me as coborrower. She needs a good lawyer four years ago.
    Anonymous

    Answer by Anonymous at 11:05 AM on Mar. 2, 2009

  • If the property/assets were acquired during the marriage she is entitled to half. There is a HOWEVER involved from what I understand. It is my understanding if say the husband acquires property/assets through inheritance she would not be entitled to that if it was only left to him.
    Proudmomof82008

    Answer by Proudmomof82008 at 11:07 AM on Mar. 2, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.