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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I am thinking of getting a divorce, I want to know if I have rights on my husbands rental

Resolved Question:

I am thinking of getting a divorce, I want to know if I have rights on my husbands rental properties that he acquired before we got married. We have no pre nuptial agreement?? If I leave the house and get an apartment, can he use that against me from our 2 kids. Would I get alimony or spousal support?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
-Could you explain your situation a little more?
How long have you been married?
Customer: replied 4 years ago.

wev'e been married for 8 years and five month, have 2 boys(2 and 6 years). I am currently working as a certified medical assistant at a family practice clinic

Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - If your husband has kept the property he owned prior to the marriage and not added your name to the deed then he would have the right to retain that property as his own. If it has increased in value during the marriage you would be entitled to half of the increase as part of the marital property distribution. As for alimony or spousal support, that is based on several factors. The primary ones are length of marriage and relative earning power of the parties to maintain a fairly equal lifestyle after the divorce. Alimony for an 8 year marriage would be short term as rehabilitative to assist you to get a better education or job or to get your through a few years as supplemental income. You would definitely get child support based on the respective incomes of you and your husband and that is calculated by court approved guidelines and will be considered first before the spousal support. Obviously there's only so much money available so the spousal support may be affected by the amount of child support being awarded. It is very difficult in a medium such as this website to accurately tell you exactly how much you can expect in a divorce settlement. My suggestion to anyone in your situation is to get a consultation appointment with a local divorce attorney. Most family law lawyers will offer a short appointment for a reasonable fee just to give you an idea of where you stand without requiring you to spend a lot of money up front on a retainer.
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