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I am sorry to hear of your difficult situation. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.
What information are you seeking? Are you wondering how your assets will be divided in a divorce proceeding? Have you been married just over 2 years or longer than that?
longer than that - about 40 years.
somewhat-he has his mom's house in his and his brother's name-since i put all my inheritance into the house i live in-can i give up on that house in exchange for the one i live in--if he has to go to the nursing home-will my house or his and mom's be tied up--he took the cd that was in both names-transferred to his only in another bank and his mom's address so i wouldn't know about it- i found out jan 2011 when he brought it to income tax app- have not filed since only spent $48.00 lin 2012 on farm supplies so i filed single-can i file a divorce on desertion--he left but i know where he is-he came by took his mail- threw the home ins and fuel bill for farm back to me-while i was on vacation July 2012-went through the house taking different things--I changed the lock on my door his mial is left in an outside box
Hello again, Peggy, and thank you for letting me know what information you are seeking from me.Yes, TN law does recognize desertion as grounds for divorce, so you could seek a dissolution of the marriage on that basis since your spouse has essentially separated himself from you for more than a year. Under state law, willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year does provide a basis to seek a dissolution of the marriage.Here is a link that sets out the grounds for divorce:http://www.state.tn.us/tccy/tnchild/36/36-4-101.htmIt may not be possible though to compel your husband to agree to an even exchange of the properties. Since the property he inherited is not in your name, it would typically be considered his separate property and you would not have an interest in it unless marital assets were used to improve it or pay a mortgage. If that is the case, then you might have some leverage to compel him to agree to grant you the home you live in.If you do obtain a divorce, any property that you are awarded in the divorce would normally not be at risk for payment of his medical expenses if he must be placed in a nursing home. As long as you remain married, there is a risk that a lien could be placed against the property for payment of such expenses typically if he does not qualify for Medicaid or have other insurance to pay the expenses.All property acquired during the marriage is normally subject to an equitable division, except assets acquired by one spouse by gift or inheritance, so most of the assets you purchased during the marriage would be subject to division in a divorce proceeding.
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