To File or Not File for ED


#1

I have a 401K my STBX does not. My vehicle is in my name only and theirs is in their name only. So actually the only thing that is joint would be our house and adjoining land which is deeded seperate. I moved out so some of my personal and sentimental things are still in the house which is all I want. There would be no alimony or cs involved. I do understand I would be giving up my rights to half of the contents of the house but I only want what I brought into the marriage and a few personal/sentimental things people have given me. So my questions are…

  1. Would it be to my advantage to not file for ED so they can not claim half of my 401K.
  2. I have read here that the settlement of the house is more difficult after the divorce but why?
  3. After the divorce, can I go into the house to collect my personal and sentimental belongings?

#2

If you do not file ED and still own the home jointly after divorce, your method of division becomes more complicated and you would have to proceed under real property law with an action for partition. You will lose your rights to the personal property in the home as well. Even if you do not file a claim for ED, she can.