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I am going through divorce after one and half years of battling

in the court because my...
I am going through divorce after one and half years of battling in the court because my husband did not want to pay alimony or give me any sort of maintenance. Anyways after a long battle the case is headed in my favor and the judge has said to have a mediation before the dates he has set for 6,7,and 8 may 2013. He plans to file for bankruptcy soon, Also he makes an overwhelming amount of income,
My question is what is going to happen if he does that and how will it affect me financially ?
I have never worked and has always been a homemaker with three kids who are grown up but the youngest just turned 18 yrs.
I am worried as the home mortgage has not been paid and he keeps telling me that my attorneys will seize everything to recover their fees at the end of the case.
Please help.Thanks
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Answered in 30 minutes by:
2/2/2013
stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,000
Experience: 30 years helping those with Family legal needs
Verified
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help. Do not let him paint a bad picture with the bankruptcy, as it is not like he wants you to assume. His bankruptcy cannot effect any award of alimony or child support, and any monies you might receive for property, the bankruptcy also cannot effect. You do not have to worry about the attorneys taking the home, as I assume that is your homestead property and thus the attorneys cannot go after that type of property. Only the Mortgage company can go after your house. You also do not have to worry about your car as the bankruptcy cannot effect that, and it also cannot take from you any items that are yours individually and jointly not without him establishing a legal right to it. You need the judge to order for you some temporary support so you can pay the mortgage and live, and the bankruptcy cannot touch that money. If this is handled correctly there is no reason you would loose your home or car! Sincerely, Steve
stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,000
Experience: 30 years helping those with Family legal needs
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stevexo and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago
Thank you sir what bothers me is the condo I stay in is jointly owned. He lives at a place which he has not disclosed. We had a single family home which was almost aid off but he drained the equity on the home to nill. He loaned $200,000/- to his sister from our home equity loan and has kept quiet about it. However I have tourneys in the papers to my attorney regarding this loan. My question is will I be able to get the whole entire loan that he gave to his sister or will I get only half.since he has drained the equity? He has equity on the business property but he is slowly draining that as well and I am worried soon there will be nothing left.what should be done.?
Could you pl explain a little bit more specific in your answer as to "do net let him paint a bad picture of bankruptcy as it is he not like he wants you to assume "" and on what percentage is the alimony based upon?
Thank you
Customer reply replied 4 years ago

Thank You Sir,


My other question my homestead property is jointly owned So what will happen then? i live here with my kids. Will I be ordered to vacate.? He loaned his sister 200,000/ which he loaned them from our home equity line of credit from the other single family home that we jointly own and he is desperate to sell it now. But it has zero equity left on it. My question will I be able to get the whole entire amount he loaned or just the half of it or will the home be claimed by the bank ? He is also draining the business equity on his business property so how do I get that protected and that business property is jointly owned He has 3 other properties but said they were a gift from his brother and so I have no legal right to it but at the same time he is paying property taxes on it ? Is that right that I can't claim them although they are in his name.


Can you pl explain to me by what you meant" do not let him paint a bad pic with the bankruptcy as it is not like he wants you to assume


'Thank You


'


'

Dear Customer, I love to answer questions and do not mind a follow up on the same question. But as per the rules her at JA we are prohibited from answering question after question. After we answer the original question and perhaps a follow up on that question, each new question must be a new separate post. We cannot answer other questions after the original one is answered, unless it is a new post. Nor can we answer multiple questions in the first original question. As per the JA policy, each post is limited to one question. I must abide by this policy if I want to keep my job here. If you desire me to answer these new questions, which I will be happy to do, each question needs to be a separate post. Sincerely, Steve
stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,000
Experience: 30 years helping those with Family legal needs
Verified
stevexo and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
I need answer to my above posted questions after Mr Steve's initial reply
Thank you
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stevexo
stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,000
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