How can I protect myself financially?

Asked over 4 years ago - Orange, CA

Married 41 years, everything is jointly owned. Husband is bipolar alcoholic, spending irresponsibly to start a business, doomed to fail. I am moving out to an apartment, but don't want to lose my house.

Attorney answers (3)

  1. Shakeb Ahmad Razai

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . Failure to take action now can have dire consequences (and I'm not trying to scare you in any way). You want to make sure that if the home has any equity in it, a lis pendens is filed so title cannot be transferred and any potential attempts to refinance may potentially be thwarted, that the retirement accounts are protected by filing notices of adverse interests and joining them to the action, etc. Speak with an attorney prior to making the move to make sure that matters are in order.

    The information contained is general in nature, and may not apply to your particular factual or legal circumstances. The materials do not constitute legal advice or opinions and should not be relied up on as such. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Please seek professional counsel as nothing contained herein is intended to be a substitute for legal counsel.

  2. Diana Lucia Martinez

    Contributor Level 14

    Answered . You have some very complex issues going on here, not the least of which is your husband's personality disorders. The first thing you need to consider is real life - protect yourself without leaving him "high and dry". Make sure you have what you need to continue - shelter, food, etc. You should also consider what kind of process you want to choose based on your own goals. I don't know of anyone who enters a divorce saying "I'm going to pay from some lucky divorce attorney's retirement". When dealing with personality disorders, that's exactly what will happen. Everything will be a battle, whether you want it or not. Working with the right professionals, however, can limit the financial hemorrhage. There are a number of options: a mediation team, a collaboration team or even collaborative/mediation trained attorneys. I think a financial would be very helpful, and coaches would definitely be a tremendous help.

    For more information on helpful options, feel free to visit my web site or call me. There is also a class called "Second Saturday" being offered 6/12/10 at Riverside City College. I am one of the professionals lecturing that day.

    Good luck.

  3. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . You should consult with a local divorce lawyer to discuss the prudent steps you can take, which will be based upon the specific characteristics of the assets involved.

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