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My husband ran off an is buying a house

Granite City, IL |

OK my husband ran off an is involved in a relationship already an is buying a home we are not legal separated I was wondering if he has to put his home in the divorce an spilt everything. We have not been married even one year. I need help we have no kids but I have 4 kids of my own an he was the main provider for all of us.

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Attorney answers 3

Posted

Since he bought it during the marriage (And presuming using marital funds), it's presumed marital property. Talk to a family law attorney in your area for specific guidance.

Posted

if you have not done so, you should pursue the father of your four children for child support. david is right, that new house is presumed to be marital property in your marriage.

go see a lawyer.

Asker

Posted

I have tried for child support but my kids father keeps running off and the courts say they can never find him.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

if he cannot be found, then there can be no support. that is a sad but true fact.

Posted

You should consult with a divorce attorney ASAP.. The father of the four children should be paying child support for them. There are programs available through the state's attorney's office in your area that will not charge you to represent you in the prosecution of your child support issues. The home he is buying will be marital property, It will only really become a marital issue if there is actually some equity in it. Your attorney will need to do discovery to see what type of down payment he put down on it and where he got the money from. You may be entitled to some maintenance or spousal support but not for a really lengthy period of time. Again I suggest you get the divorce going ASAP. Good luck to you and your children.

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Jenet Gonzalez Pequeno

Jenet Gonzalez Pequeno

Posted

I would just add that I would be very interested in what he put down on his mortgage application.

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