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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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My husband is 54 years old- retired from AT&T in 05 and has

Customer Question

My husband is 54 years old- retired from AT&T in 05 and has been through 4 stints of unemployment since. We ran up credit cards to the max due to his unemployment which I've tried to pay down. Many issues are involved here over the past 10 years- loss of trust, emotional abandonment, isolation , untreated depression, procrastination, lies and unkept promises to provide for us. Our home is in jeopardy now due to him being umemployed again. Money will run out to pay billls in November. He draws a monthly retirement check and has his retirement money invested for another 5 years. If I file for legal seperation what are his obligations to me in regards XXXXX XXXXX home & his retirement, and insurance?
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.

A legal separation agreement can cover whatever issues you desire. For example, the separation agreement would likely contain language addressing the division of personal property, exclusive use and possession of the marital home and spousal support.

 

While you did not state this, it appears that you have a long-term marriage. As such, spousal support may certainly be an issue. As a general rule, support may need to be addressed where the marriage is at least ten years and there is a substantial disparity in the incomes.

 

As to insurance, this would likely remain the same during any separation. If you divorce, you would each need to handle your insurance separately. Until then, the current policy could likely stay in place.

 

As to his retirement account, you are entitled to one-half of anything that was accumulated during the marriage. For example, if he accumulated $50,000 during the marriage, you would be entitled to $25,000 once the proceeds were distributed.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 11 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Since he may still be unemployed by the end of the month, how do I remain in my house without going into foreclosure or filing for bancruptcy? And should I do that? Or should I just move out and let him deal with the issues? I'll be responsible for my bills but not his as I have in the past. Will it look like abandoment on my part? Do I need legal protection? He's willing to do "whatever" just slow to find work again. He's been FT caregiver to his mom for the past 2 years and thats ended a week ago. When he retired at 49 he just wanted to live the Jimmy Buffet life and he dislikes the fact that he now has to continue to work. I've gone from homemaker & mom to FT work to cover for us. And you're right, we've been married 28 years and he's worn me out!
Expert:  Joseph replied 3 years ago.

Considering the financial issues, it may be difficult to hold onto the house. If you cannot afford it jointly, it is doubtful that either of you can afford it separately. As such, a bankruptcy and/or foreclosure is certainly a realistic option.

 

As to a bankruptcy and/or foreclosure, it would effect both of you as you own the home jointly. This is the case regardless of which of you remains in the home. In fact, you might prefer to stay there while the bankruptcy and/or foreclosure proceeds as you would be able to live there free of charge until the litigation is resolved.

 

But no, it would not look like abandonment if you were the one to leave the home.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
The house is in his name due to the fact that including me would raise out debt to income ratio and would lower the price of house we could afford. So it was solely based on his income. How long does foreclosure/bancruptcy take to process and who do I need to contact regarding this? Do I need to hire a bancruptcy lawyer or can this be filed online?
Expert:  Joseph replied 3 years ago.

Each separate legal action can take a different amount of time. Having said that, I would expect a bankruptcy to take about six to nine months. As to a foreclosure, that would probably last a year, maybe even two. Meaning, you could remain in the house for as long as about two years while the foreclosure proceeds.

 

If you are interested in filing a bankruptcy action, you would need to look for a bankruptcy attorney in your area. A quick search of your local phone book or an online search will surely turn up a dozen such attorneys in your general vicinity.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
What do I do to have our house foreclosed on? Who do I contact & do I still make some sort of pmts? How will either of these affect my credit status in the future? Which is the better (sic) way to go?
Expert:  Joseph replied 3 years ago.

Having your house foreclosed on is simple, just stop paying the mortgage. After you miss a couple payments, the mortgage company will contact you and, soon thereafter, initiate a foreclosure proceeding.

 

Either a foreclosure or a bankruptcy will have a significant effect on your credit, your credit score will likely drop a couple hundred points. Having said that, our current economic situation has led to an unprecedented number of bankruptcy and foreclosure actions. As such, they simply do not have the negative impact they once did.

 

As to which is better, that would be too fact driven for us to discuss here. I would urge you to set up an office conference with a local bankruptcy attorney. In a face-to-face meeting, you could discuss all the little details that apply to your situation and then make an informed, intelligent decision as to whether to file one or the other or both.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Joseph
Joseph
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I have 15 years experience in the legal field, currently specializing in criminal and family law