Property distribution - his parents


#1

Dear Susileo:

Greetings. These in-laws sound horrible…[xx(]. Yes, this will be a factor for an unequal distribution of assets. Also, his debt before marriage is separate and paying off separate debt with marital assets is a distributional factor. Yes, it will help you to have an unequal distribution - just get a good attorney that can negotiate with these facts in place. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

There was always another woman in my marriage and she was my mother-in-law.

When my husband and I married, he had just taken out a large consumer loan to pay off his parents debts and keep them out of bankruptcy.

He was going to sell some of their property to pay off the remainder of the loan. It was ten years before the loan got paid off. In the meantime, the in-laws never got jobs as I had been promised when we married and my husband has provided them with most of their financial support – medical bills, buying major appliances, etc. I figured that since our marriage he has sent them well over $100,000. This was all over my objections. He said he could not let his parents starve, but it went beyond that, they never want for anything. We have gone without at times because he was sending money outside of the family.

This has not stopped, so naturally, now I have had enough and I am here.

When it comes time to divide property, can I get some extra based on the fact that money that should have gone into our family went to the outside against my will? What about the fact that he had the consumer loan before we were married (I was promised that it would be paid off within a few months, but it turned into 10+ years) I do have documentation of much of this. Ie get the amount that I would have gotten if the funds that he sent outside the marriage were actually part of our savings?

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