My wife and I have been apart for some time. She closed out her business 2 years ago and began working at a kennel training dogs. My problem is that she agreed to do this for enjoyement and earns no income. I have been transfering into her account during this period and have tried on several occasions to get her to sit down to draw up a seperation agreement, and discuss the division of assets. Her initial response was that she couldn't afford it; later it was that she didn't see why it was necessary, we were both able to come and go as we pleased. Recently I told her that I would transfer no more into her account until she agreed to draw up the agreements. That was 5 weeks ago, and I have heard nothing from her other than a text message that she was back in town. I see no option at this time other than to file seperation papers. I would like some guidence as to what steps should be taken. I am willing give her 1/2 the contents of the house and pay her half it’s value, while I would assume all depts attached to the mortgage balance and home equity line. Is it feasible to expect that I will be able to assume ownership of the house given the situation?
You will need to file an action for Equitable Distribution, the court will equitably divide (equitable is presumed to be equal) all the assets and debts. The home should be sold, or one of you will buy the other out.