# Legal advice



## Katiemelanie (Apr 20, 2015)

I thought I would check here first before hiring a lawyer. I have only been married a year and things are not working. He's extremely abusive and manipulative. We do not have any children together. I have 2 boys and he has 3 kids from a previous marriage. I live in HIS house with my kids. He still owes $320k on the house and the house is in his name only. He bought it a few years before he met me. When we got married he wanted my money combined with his in the joint account. He makes $120k a year and I make $55 a year. We have a total of $156k in savings (some of it was there before I met him...maybe $80 (I can't remember). $500 is taken out of my paycheck each month for his and his kids to have health insurance through my work. My question is. I need to know if I can take out money from our joint account if I were to leave him and file for a divorce? And if I can, how much? I don't have any money in any other accounts, but my paychecks have been going into our joint accounts. I am already assuming I cannot kick him out of his own home if I am not on the mortgage. Thanks for the advice. Oh and I live in Washington State.


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## Lostinthought61 (Nov 5, 2013)

Frankly speaking since the account is in both your name you can take out the entire amount....of course during the court hearing that will come out so keep that in Mind but you can use that money that is in both your name....also while you and the boys have to leave you can obtain money that you need to set your self and the boys up. I do not believe the courts will dispute those charges. Good luck.


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## Katiemelanie (Apr 20, 2015)

Xenote said:


> Frankly speaking since the account is in both your name you can take out the entire amount....of course during the court hearing that will come out so keep that in Mind but you can use that money that is in both your name....also while you and the boys have to leave you can obtain money that you need to set your self and the boys up. I do not believe the courts will dispute those charges. Good luck.


This is what I thought. I wasn't sure if I took out half of what I earned this year if I would have to return any of it.


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## SunnyT (Jun 22, 2011)

Google it for your state. In a community state you may be only allowed to take half if you are leaving/separating. Of course if an account is in both names then you have 100% access to it. But it may bite you on the butt later. (But, I think that they just deduct it from the marital settlement if he fights it). 

On the other hand.... why, WHY would you take all of it and leave him stranded? Unless he's been physically abusive (in which case you'd need to be careful in leaving so why piss him off). Isn't it at least half his? Doesn't common decency require you to leave half for him? 

You COULD call a few attorneys and see if they have that free initial consultation just to see where you stand. Seems to me you could also google this.


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## Katiemelanie (Apr 20, 2015)

SunnyT said:


> Google it for your state. In a community state you may be only allowed to take half if you are leaving/separating. Of course if an account is in both names then you have 100% access to it. But it may bite you on the butt later. (But, I think that they just deduct it from the marital settlement if he fights it).
> 
> On the other hand.... why, WHY would you take all of it and leave him stranded? Unless he's been physically abusive (in which case you'd need to be careful in leaving so why piss him off). Isn't it at least half his? Doesn't common decency require you to leave half for him?
> 
> You COULD call a few attorneys and see if they have that free initial consultation just to see where you stand. Seems to me you could also google this.


I would never take all of it. I was more curious about taking half of what I put into it this year.


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## SunnyT (Jun 22, 2011)

Seems fair. But why not call around for free advice as long as you can find it? Knowledge is power.


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## Katiemelanie (Apr 20, 2015)

SunnyT said:


> Seems fair. But why not call around for free advice as long as you can find it? Knowledge is power.


Most places charge a fee. I googled it for my state and it seems like half of what was made during this year would legally be mine, but the house and everything else would be his. I kinda had a feeling that would be the case.


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## EleGirl (Dec 3, 2011)

Katiemelanie said:


> I would never take all of it. I was more curious about taking half of what I put into it this year.


Can you give a bit more info to make things clearer? It sounds like there are more than one account. Is that right?

You mention that there is a savings of about $156K. Is this a joint savings?
I’m thinking that there is also a checking account that is joint. Is that right?

You are entitled to 50% of the assets accumulated during marriage.
There are two ways to look at the $156K. 

$80K could be considered his sole property because he had it before marriage. Did you have any savings before marriage?

But legally, the comingled it with community assets. So it can be argued that his $80K has converted to a community asset.

So… if you consider the entire $156K community property, you can take half of it.

If you consider the $80K his sole property, $156 - $80 = $76 is the community property. So you’re half is $38K.

You are entitled to 50% of the equity that the house has accrued in the time you have been married. My bet is that it’s not that much. But, if it’s a lot you might want to look into that.

What you can do is to take all of the accounts, savings and checking. Add them all up. Subtract out what the two of you each brought into the marriage. Then take 50%. You don’t need to take 50% of each account. For example you could take all of your share out of one account.

Go open up an account in your own name. If you have to rent a PO box so that the statement go there. Or have them go to a friend’s house. Then change it so that your pay goes to your own account.

I would also move all of your own valuables out of the house. 
Get photo copies of every bit of financial, personal and legal paperwork. Once you file it might be very hard to find all that.
Taking a bit more than 50% is probably OK because you will need money to get a new place.

Technically you could move all of the money into accounts in your own name. But you would have to show the bank records to the court. Then you would have to pay him back whatever the court says is his share.

Until you are divorced, you can ask the court to award you interim spousal support so that you can get what you need to rent a new place and buy anything you need for it.

And of course, get an attorney.


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## EleGirl (Dec 3, 2011)

What Does Community Property Mean? 
If a couple gets married, the property they amass before and during the marriage is either classified as community property or separate property. Generally speaking, community property is all the stuff the couple jointly amassed during the marriage. The legal premise is that both individuals have equal shares in the aggregate of their assets. 

Washington law starts with the assumption that property owned by the couple is community property. If one spouse claims the property should be classified as separate property, they must first prove it is not community property in order to change the law’s default assumption. 

Property owned only by one spouse is classified as separate property. This classification encompasses all property acquired prior to marriage, property received as personal gifts or inheritance during marriage, and property awarded by recovery for an injury to the individual. However, in order for your separate property to retain its designation, you must produce evidence tracking the acquisition. If your separate property commingled with the jointly owned community property, the court could combine the properties and label the sum community property. - See more at: 

Community Property Law in Washington State | LegalMatch Law Library


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## EleGirl (Dec 3, 2011)

Katiemelanie said:


> Most places charge a fee. I googled it for my state and it seems like half of what was made during this year would legally be mine, but the house and everything else would be his. I kinda had a feeling that would be the case.


While the house is his since he bought it before you married.. the equality is not all his.

Even thought it is in his name you have rights to the equity that has accrued since you married. with only one year it might not be much.. unless he paid a huge amount on it in this year and/or your live in a killer real-estate market.

I'm not sure what "everything else is" but I'm assuming he owned it before you married him? And that it did not increase in value. Is that right?


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## Katiemelanie (Apr 20, 2015)

EleGirl said:


> While the house is his since he bought it before you married.. the equality is not all his.
> 
> Even thought it is in his name you have rights to the equity that has accrued since you married. with only one year it might not be much.. unless he paid a huge amount on it in this year and/or your live in a killer real-estate market.
> 
> I'm not sure what "everything else is" but I'm assuming he owned it before you married him? And that it did not increase in value. Is that right?


We live in a crazy housing market and the house is worth about 150k more than what he paid. 

EVERYTHING (the TV, furniture, appliances) in this house is his. He had me get rid of all my stuff and we were going to buy new stuff together, but he changed his mind and wanted to keep all his stuff. So I'm sleeping on a 10 year old bachelor mattress...yuck. There is nothing here that is mine expect my clothes and makeup and my kid's toys.


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## EleGirl (Dec 3, 2011)

Katiemelanie said:


> We live in a crazy housing market and the house is worth about 150k more than what he paid.
> 
> EVERYTHING (the TV, furniture, appliances) in this house is his. He had me get rid of all my stuff and we were going to buy new stuff together, but he changed his mind and wanted to keep all his stuff. So I'm sleeping on a 10 year old bachelor mattress...yuck. There is nothing here that is mine expect my clothes and makeup and my kid's toys.



Well half that home equity might very well be yours.


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## gouge_away (Apr 7, 2015)

You could kick him out of his home but its highly unlikely because his kids have established the home as a homestead.

However if he leaves the home and establishes even a temporary residence at, say, his mother's, you quite possibly could be awarded the family home on a temporary basis.

This happened and is currently the case in my divorce, the home and mortgage are in my name, I pay for her to live in the home with her child while my son and I are homeless.

I caution you from cleaning out his bank account if you cannot present factual statements to prove that those funds are solely yours to dissolute. Even in a community property state he is at the very least liable for one half interest in all property. This was a short term marriage, if you get charged with dissolution of marital funds (typically any unreasonable burden that interferes with his liberties) within a year before filing is contemptible.

You can secure property for legal fees and court cost, anything over and beyond that will be accounted for, and if it cannot be produced at his request or an order of the court, kicking him out of his home won't be necessary ;-)


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## Constable Odo (Feb 14, 2015)

Katiemelanie said:


> We live in a crazy housing market and the house is worth about 150k more than what he paid.


You are usually entitled to 50% of the increase in value of the home during the time you were married. Example:

House Bought in 2010, worth $150k
Married in 2014, worth $290k
Divorced in 2015, worth $300k

In most instances you would be entitled to 50% of the increase during the time when you were married, which would be 50% of the $10k increase.

Given the pro-women slant the family court systems in America have, though, it's likely you'll be awarded the full $150k equity if you ask for it. 




gouge_away said:


> This happened and is currently the case in my divorce, the home and mortgage are in my name, I pay for her to live in the home with her child while my son and I are homeless.


You should probably add this anecdote to the "Why men don't want to get married" thread in the Men's Clubhouse.


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## Katiemelanie (Apr 20, 2015)

gouge_away said:


> You could kick him out of his home but its highly unlikely because his kids have established the home as a homestead.
> 
> However if he leaves the home and establishes even a temporary residence at, say, his mother's, you quite possibly could be awarded the family home on a temporary basis.
> 
> ...



YIKES! I am so sorry for your situation. I don't think I could ever do that to his kids. Him...yes, but his kids deserve better. I wish you luck!


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