Asked 5 months ago - Lincoln, NEFlag
with what remains in my savings, I could pay this but nothing would be left in savings. I am working. We purchased house for 217,000 cash. I have 66,000 in it, she put in remaining. She is not working. Don't have a lawyer; her lawyer told her she could get everything - house, alimony and part of my retirement. Should I accept paying her 275k or fight?
You should not rely on what she said her lawyer told her. You must go and see a family law practitioner in your area as soon as possible and assess your situation with him or her. From just the facts you presented, it appears you won't be able to accept her offer because there is not enough money that you can pull out of the house or your other assets. If you don't have an attorney in mind, call the local bar association referral services and see someone as soon as possible - do not delay! I hope it helps and good luck!
First, you are wise to consult counsel. Second, this would not be a good deal for you.
Under NE Divorce law, the main premise is "equitable distribution" of the marital estate. I'm assuming you bought the house when you were married. It would then be a marital asset. It makes little difference what you put in compared to what she put in. You own it jointly, and you are entitled to 50% of the value of the home.
On the alimony, I would need to know how long you were married. Whether or not alimony is awarded is dependent in large part on the judge. Lancaster County has some excellent judges. Karen Flowers is very liberal when it comes to alimony. Judge Otte, not so much. I don't know who you have, but assuming you haven't been married for a great length of time, you might win "as a matter of law" on the alimony issue.
I wouldn't trust her lawyer telling her she could "get everything." This is a common sales tactic that lawyers use. They overpromise and underdeliver, because by the time of the delivery, they've already earned their retainer, plus some more, and don't really care about delivering that much.
If you need to chat about this, I'm available. Number is 402-321-0580.
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