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LegalGround >> Divorce Question


3/17/09 8:27 PM
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svasana
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Member Since: 2/4/09
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I know this is a goofy question but I'm not thinking entirely clearly right now and could use some guidance from any attornies with divorce experience.

My wife and I are separated. She moved out of the house voluntarily; I still live here.

Today I get an email from her saying she will no longer contribute to the mortgage. This hurts me more than her as I contributed 80% of the downpayment so I will have to continue to pay even though it will be tough right now. She also says that she is hiring a moving van and will pick up approx 8 pieces of furniture on April 1. Some of this furniture is expensive.

I'm obviously pissed and would like to put all of this furniture outside on the lawn right now and have it sit there for 2 weeks. I live in western MA where the furniture will most likely become ruined in the next 2 weeks. What would be the ramifications of this? Could she sue me for the value of the furniture?
3/17/09 9:12 PM
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bflex
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See, this is why I REFUSE to practice family law. People seriously ask this type of stupid shit. Since I haven't practice family law in quite a while and I was never licensed in Mass, I don't know the legal answer to your question. However, I will give you some general advice on how to make this as painless as possible and maintain some sort of dignity.

1st, be a fucking man. She isn't in love with you anymore. Pay the mortgage, give her the furniture in good conition. Just be a fucking decent person. You are acting like a fucking child.
3/18/09 9:33 AM
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svasana
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Thanks for the advice and putting me in my place. It was a stupid question and I was acting on emotion as the situation runs much deeper than you know.

I would imagine her decision to not pay her half of the mortgage is going to affect her recovery but I'm not sure how that's determined.
3/18/09 11:54 AM
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bflex
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I've had some marriage issues myself. I know it sucks. I know you want to screw the other person as bad as possible. In the long run, if you take the high road, you can hold your head high and have no regrets.
3/18/09 2:11 PM
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Bunkou
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Let's say you can put the furniture out without any legal ramifications. How will this help you? Sure, you'll get a little zing of "ha, I showed you!" but then what? You'll just piss her off and provide ammunition for her to use in court which WILL come back to haunt you.

Sometimes the most important thing we can do is help clients stay focused on the end goal. Don't get distracted by petty things along the way. Your goal in this divorce is to come out in the best position you possibly can, not to get revenge.

Oh, and go get a lawyer. Let them do your fighting for you so you won't be tempted to do silly things like this.
3/18/09 7:25 PM
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StephenL
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get a divorce.
3/20/09 12:34 PM
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Cookie Monster
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and when you do get said divorce, go out and bang the fur off of every piece you possibly can! Report results.
3/20/09 1:14 PM
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svasana
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I must have failed to mention that I live in western MA - in the deep woods. The only fur around here walks on 4 legs.

I'm thinking my best course of action will be to offer a buyout, refinance soon to around 4 1/2%, and spend at least another year in the house. I'd rather sell the house on my own terms in a better market but unfortunately I think that's at least 3 years out. However, I do live in a second home area where the real estate downturn isn't as bad. It's all a gamble in the end.
3/21/09 12:32 PM
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Fake Pie
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Get a lawyer. Now. And don't be silly.
3/23/09 8:22 PM
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Dojosensei
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Ok, no idea about MA but in KS she would not be able to do that without consent. If divorcing, all materials must be claimed and the court must know about it. If you both want it, you either agree who gets what or it gets sold and the money is split.

IN the divorce...IF she is on the house, IN KS AGAIN...you can get her STUCK on the house for so many years in order to get refied. I was stuck on my ex's house and the court gave her 10 yrs to refi it to get my name off of it. Did this fuck me over, yeah kinda, it screwed me from getting a decent rate on my new house at the time.

Plenty of shit you can do, but...again, I'm only speaking from Kansas statutes. Check with an ATTORNEY ASAP before you give her jack shit.

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