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Quick description: Husband and Wife were married about a little less than 2 years in 2008 and 2009. They have lived separate

Hartford, CT |
Filed under: Divorce

and apart since 2009. Can the Wife ask Husband to pay back a debt that she put on her home equity line of credit? Also he contributed to the mortgage during the marriage and did alot of hard work on the home in the wife's name. Is he entitled to any of the home? He contributed more money and he earned more during the marriage than the wife did but the Wife now has all the assets and he has nothing. The property is in Florida.

Attorney Answers 3

Posted

Of utmost importance is that you keep in mind that, in Connecticut, the Court has the discretion and power to award to either party all or part of the estate of the other. Whether or not they have lived together, they chose to be married. Based on the debt that the wife put on her home, the court would likely consider this part of the "contribution of the wife" in the acquisition, preservation or appreciation of the assets. The "hard work on the home" is usually considered a valuable contribution to the acquisition and appreciation of assets. Whether the property is in Connecticut or Florida, it's still a marital asset.

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Christopher P Norris

Christopher P Norris

Posted

I disagree with counsel. If you do not have personal jurisdiction in Connecticut over your spouse, and the property in Florida is not in your name, then Connecticut cant exercise jurisdiction (the right to make orders) over her financially or property she solely owns that is out of state. This can only be overcome if the spouse files an appearance in the action and does not raise the issue of personal jurisdiction within 30 days of that appearance

Christopher P Norris

Christopher P Norris

Posted

However Connecticut can still enter a divorce decree without those financial orders

Posted

Too many facts here to answer these questions on this forum. This forum is for simple legal questions. i cannot give you a consultation based on such a small amount of facts. You do need to visit an attorney in person to get answers and to be sure you tell she/he all the facts.

IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

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Posted

First off you are still married and Connecticut looks at divorce items as between date of marraige until date of divorce. The court will consider you living apart but everything you each now own or owe is on the table. Either can ask for anything but what a judge does is a different question. You need to know what house was worth when you were married and what was owed on mortgage. Compare that to what those numbers are at divorce. Further while you lived there and paid bills, you would have had living bills also if you lived elsewhere and that gets considered. Do both spouses live in CT? Is the Wife in Florida? This will effect the right the court has to divide that property or make financial orders. Speak with local counsel

This information provided is in the nature of general information and in no way creates an attorney client relationship with anyone including the individual who posted the question. Attorney Norris is licensed only in Connecticut and does not provide legal advice outside of the State of Connecticut. Answers given are solely not to be considered legal advice. For legal advice contact an attorney licensed in your state.

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Asker

Posted

The Wife lives in Florida and the Husband lives in Connecticut. How does that make a difference?

Christopher P Norris

Christopher P Norris

Posted

It makes a potentially huge difference. One if the divorce is under Florida law then you need to consult with a Florida divorce lawyer as the laws for divorce are different from state to state. Further if your wife has insufficient contacts with Connecticut then you cant do financial or property outside of Connecticut orders unless she somehow consents to jurisdiction over her person.

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