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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My father who is 71 years old and pre-alzheimers is about

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My father who is 71 years old and pre-alzheimer's is about to be legally separated from his wife of 30 years. He has been unemployed or underemployed for approximately 10 years. She feels giving him back the down payment ($20K) on the house they purchased together 15 years ago is a good settlement and is not entitled to half of their assets (many which are in her name only).

Is he entitled to more without causing a ruckus? He feels that the value of the home has probably gone up 30% since purchased, so he should get an additional $6K. She is allowing him to stay in the home since he is suffering from memory loss but is living her own life. She pays all his bills from his social security benefits.

He does not want to upset her but wants to make sure he receives a fair amount of money. The money will be put into a need trust which she is intending on managing (with my oversight).

Does this sound fair and reasonable? Can he consult with a lawyer without money up front? Can he have legal representation even if he has no money?

Any assets, money or property acquired during their 30 year marriage is considered marital property and subject to distribution. This is so regardless of whose name is XXXXX XXXXX the owner.


Therefore, it is very possible that he's entitled to much more than what he's looking for in settlement.


However, if he doesn't want to get into a huge ordeal, and if she's not willing to settle for more money, there's nothing he can do IF he doesn't want to go to court over asset distribution.

Customer: replied 7 years ago.

She insists that her business is not maritial property. They started it together but she has built it from the ground up. And all the money he earned was as a consultant and went directly back into that same business. 99% of his paychecks have been payable to the business.


Is it possible that he can have a attorney look over their separation agreement for free or at little cost?


How much does forensic accounting cost?


She may own the business, but the money the business made her as income over the years is marital property.


I think it is well worth it to consult an attorney. You can "Google" legal aid for your area and find several groups that can help him for little or no cost.


An accounting could get costly - depending on how far you go back, it could take a few thousand dollars.

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