How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I live in pa, married 23 years. A few months ago I found out

Customer Question

I live in pa, married 23 years. A few months ago I found out my husband was having an affair with whom he is now living with, with that being said. I owned my home mortgage free when we married. We are not divorcing at this point however I want to move out of the house..is it wise for me to move or stay where I'm at u till we do divorce? Which may be years because of health insurance. I am on disability, unable to keep up with the yard work..I know he is entitled to 40% of my belongings from the date we married...what if I move what will he be entitled to. Or will lose the money (value) of the home I paid for before marriage
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: pa
JA: Have you talked to a lawyer yet?
Customer: I had a consultation about where to begin. I have not sign a contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm just concerned about if I move will that screw me fininacially, if we divorce will he be responsible for my health benefits
Submitted: 1 month ago.
Category: Family Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am very sorry to hear about this situation.

GENERAL DIVISION

.Community property and debt is split equitably which means fair, but necessarily 50/50. In case of titled assets such as homes, cars, etc., it usually is awarded to one party and that party is ordered to make an “equalizing payment” to the other party. For example, a car worth $10k will be given to the wife but the wife is ordered to make a payment of 5k to the husband. Time to make the payments or payment plans are a norm in such a situation. Equalizing payments can also be ordered if one party argues a “fault.” Generally, one party simply alleges irreconcilable differences. However, most states retain grounds for divorce where one party alleges fault when divorcing, such as neglect, assault, affair, etc, and because of this, the Court can award that party additional equalizing payments.

So assuming someone in your situation plans to argue the fault of divorce, this would likely help you get a bigger share of the marital property if the fault is proven. This also likely means more chance at getting the home.

IF YOU WANT TO GET THE HOME

Then someone in your situation does not want to relocate. By relocating, one is sending the message to the court - "I don't need the home." It is better to ask the Court for temporary orders that HE relocate as part of the divorce.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Customer: replied 1 month ago.
Ok maybe I didn't explain this I owned my home for 10 years before we got married free and clear of a mortgage. I was told in Pa whatever I own he is entitled to 40% of, same with him. Since I owned my home the value of my home from the we married is mine. However up until we divorce the value of the house he is entitled to...I'm worried that if I move to a condo because it will not require yard work, and if we both sign for a mortgage on a new property I will lose my value of the house that I had before we married..say I paid $50,000.00 for the house sold it for $100,000.00 he will only be entitle to 40% of $50,000.00. I want to know will I lose my initial 50,000.00 I paid for the house which now he has no claim to.
Expert:  Ely replied 1 month ago.

Did he ever put his name on that house which you owned prior to marriage?

Customer: replied 1 month ago.
He moved out is living with the female he committed adultry with.
Customer: replied 1 month ago.
I more ? Can he be required to pay for my health insurance, with him I have blue cross blue shield...and Medicare. Without I will only have medicare
Customer: replied 1 month ago.
Do you know when I will get the call?
Customer: replied 1 month ago.
No his name was never on the deed,...the payment should go through the bank called from their fraud unit to verify.
Expert:  Ely replied 1 month ago.

My apologies for the wait! I had to step away from the computer for a bit when you had responded. Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. Note that you may wish to check to ensure that your payment for the call cleared.

I am not sure where you heard that 40%, but it is simply not true. Consider the assets into two camps. Camp one is SEPARATE property. This is anything owned before marriage, inherited, or gifted to you during marriage. Camp two is communal property. This is everything else. Now, separate property is not divided - it goes back to the person that it belongs to. It is the community property which is divided equitably (see my first answer).

You owned the home before marriage and his name was never put on the deed. I imagine that you never financed with his name on the mortgage, either? if not, then it is separate property, and arguably simply would go back to you.

And in temporary orders - if requested - the Court may agree to a fair request for temporary payment for medical insurance and whatever else is needed. This can be revisited during the divorce. So yes, this is a possibility.

Again, my apologies for the wait.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"