Reply to Hi, it's me, vacation wife. STBXH got a DUI mid-divorce- now what?

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Reply to "Hi, it's me, vacation wife. STBXH got a DUI mid-divorce- now what?"

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[quote=Anonymous]Don't consider this legal advice, but....

While I agree you need to consult an attorney, in most states the key question for protecting the house is how the deed is worded. Many, if not most, married couples who bought a home after they married own that home in a "tenancy by the entirety." That means that they EACH own ALL of the home, so if there is a judgment against ONE of you, the house cannot be taken away from the other one. (Only legally married couples can own property by the entirety.)  In other words, a creditor cannot get their hands on your home unless you die before he does. So, before talking to an attorney, dig out the deed for the house and find out how it is worded. A lawyer won't be able to advise you how to protect the house from his creditors without knowing the answer as to whether you own the house as tenants by the entirety or as joint tenants. If it's by the entirety, the rule is usually that a creditor cannot force the sale of the home. If you and he own the house as joint tenants, then in most states, a creditor can force a sale and then a court will decide how much each of you own in determining how the proceeds will be distributed.

Again, this is a matter of state law, so don't consider this legal advice. I just want you to check the deed before you talk to a lawyer. If you do own it as tenants by the entirety, then it's probably wise to keep the deed as is. A sale of his interest for a dollar is almost certainly going to be viewed as fraud if it's not part of some overall divorce agreement.

I doubt you'll get sole custody because of one DUI when the kids were not with him. Not everyone who gets a DUI is an alcoholic BTW. I'm not defending him. I'm just stating a fact.

TLDR: find the deed before you talk to an attorney.[/quote]

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