Question about Equitable Distribution


#1

Quick question. My ex-wife and I separated nearly 2 and a half years ago. Our divorce was finalized early this year. I received paperwork stating that she is suing me for ED. I understand that she has the legal right to do this, HOWEVER, there is literally nothing left for her to aquire and I think shes going after the house in this. I feel there is literally a zero percent chance that she can get the house, but I want a professional opinion. Heres the situation with the house: One, I dont own it. We NEVER owned it, purchased it or anything. My parents bought the house, but even they dont own it. They are approximately 3 years into a 30 year mortgage on it. Basically its an extension of their own property. The land it sits on is ALSO not mine. They own that as well. I think this is an act of desperation since I feel like the cash flow is running out where she is currently located. My question is, since I dont own the house, NEVER owned the house (and I pay rent to live there now by the way), it was purchased by my parents, who really dont own it themselves (the bank does), is there any shot at her getting the house? Thank you for any information you can provide me!


#2

I should also add, and I forgot in my original post, that SHE left the house if that makes a difference. I came home from work one day and she was gone. Just thought I should include that. If theres any other info you need, just let me know. Thanks again!


#3

You need to file a motion to dismiss. She cannot sue you for Equitable Distribution at this point in time because she did not file prior to the divorce begin granted.


#4

Thank you so very much for your quick reply, but I have one thing to add and I would really appreciate your thoughts on it. In my divorce papers, it says something about ED. Until now, my ex and I have had a good relationship. I mean, shes told me about anything “court” wise thats came up ahead of time, the couple of times its happened…Im paying her DOUBLE what my original lawyer suggested I pay in child support, I mean, Ive tried to be a friend to her because I know thats whats best for our child. In addition to that, Ive given her free reign on the things left in storage (in which she even took MY clothes LOL) Ive given her EVERYTHING shes asked for and LITERALLY theres nothing left to sue me for as everything in the house now are things Ive worked for and aquired SINCE she left. She took everything when she left, and I had no interest in pursueing my half of ANY of that…I simply wanted to be done with the marriage. Which leads me back to my original belief that shes after the house now, WHICH I DONT OWN. And which the people paying for it (my parents) dont even own. So just as a bit of info to me, since the ED clause was in our original divorce papers, what are her chances of getting a house that we lived in that we didnt own?? We owned NOTHING about that house, and we only lived there for 4 months together. Thanks again for any information!


#5

Ok, so she made the claim prior to divorce, that means it can proceed. I cannot see that there is anything else for her to receive, if you do not own the home, it is not marital property.


#6

Thank you so much…sorry for the lack of info about the actual proceedings in my first post! I really appreciate the information!


#7

You are most welcome.