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Family Law

Spring Hill, FL |

I'm 52 yrs old and have sever osteoporosis with a recent fracture in my spine and as of this past year more deterioration of the each vertebra. I've been receiving disability since 2002. I purchase a home with my husband in 2005 while we were still single we married in 2010. Both our names are on the deed, although the deed was never changed to reflect the marriage however my husband is the only one on the mortgage. I've resided in this home since we purchased it while my husband remanded in Il. working. I learned in May 2012 when he had a stroke he had stopped paying on our mortgage for close to 6 months because he was also paying on his ex-wife's equity loan that she was to take him off of per divorce agreement (which I have). My husband has always been wiped and controlled by his ex so after he left the hospital his ex intervened and brought him to her and her boyfriend of 9 years house. He was approved for disability and has been getting his check since Dec. 2012 of $2241.00. As soon as his money goes into his account she quickly removes it into her own account denying him and his wife me any access to it. Since the bank has worked with me (us) and modified the mortgage I've been paying the entire amount since July 2012 on time. My credit cards has fallen behind I barely have enough to cover the remanding utility bills and nothing left to feed myself or see any of my doctors. I have no money, saving anything only my check that I use to pay this house. I have no where to go let alone afford moving. I speak to my husband often and we continue to work with the our bank finishing up the modification but he does not financially support at all. He can only phone me when she is not around. He sits in a TV room at the house and can not drive his ex controls everything. As a result my health is rapidly getting worse and since my husband stroke he's confused, weak and won't go against his ex. She is using all his money to put into a second home they (her and her boyfriend) is fixing up to sell. IS THERE ANYTHING I CAN DO? I HAVE NO MONEY FOR A LAWYER AND HE IS IN IL. AND I AND OUR HOME IS IN FL. She has stolen everyone of his checks but he is allowing it but is very broken emotionally with no idea how to go against her and is scared to death of her. If he's complying I can't phone the police because he will back down. Is there anything legally I can do as his wife? I can't even afford a divorce and I'm in fear that would cause me to have to leave the home. I don't think I'd qualify for the loan despite I'm paying the entire amount now for 2 years. Thank you!

Attorney Answers 4

  1. Contact the people at the link below and ask them to investigate elder abuse, including possible financial abuse.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

  2. You say you have no money for a lawyer. I say you can't afford not to hire a lawyer. Options include filing a support claim against your husband to get at his money, seeking guardianship, reporting elder abuse, and divorce among others.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

  3. The home is a marital asset, you can file the divorce case in FL, you were married in 2010 so not much to be done here. If your husband is being taken advantage of then contact the authorities in IL.

  4. You have many issues as the other attorneys mentioned. I would first seek the advice of a divorce attorney. I think you may be able to get spousal support which will make your life easier at the present time.

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