Scott v. Isaacs-Scott, FN2010-001182

Joan M Bundy

Case Conclusion Date:December 20, 2010

Practice Area:Divorce / Separation

Outcome:Judge awarded the house to the wife in the marital dissolution.

Description:Husband filed for divorce. He asked that the house be awarded to him, since it was in his name alone. The titling decision was made solely because the only way the couple could obtain a home for themselves and her children was for her name to be kept off the mortgage application, because his credit was better than hers at the time. However, wife and her blood relatives were the only ones who ever made any payments on the house, including the down payment. Moreover, wife worked two full-time jobs, one of which involved running her own assisted-living facility, to keep a roof over the heads of she and her husband, six minor children--only two of whom were her blood offspring, the other four being the adoptive and foster children of her deceased mother--her elderly grandmother and a live-in nanny. Husband did not work at all even though he had previously worked full-time for decades and had job offers that he turned down. He did not even assist with the care of the minor children or upkeep of the house while their mother worked, and also wrecked three cars belonging to his wife within the span of one week. After he filed for the divorce with the free assistance of a legal-aid attorney at the homeless shelter he chose to live at after leaving the marital residence, he failed to secure full-time gainful employ. He also failed to comply with any of the discovery requirements and failed to sign and return a Rule 69 Agreement that came out of a Settlement Conference with a court-appointed arbitrator.

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