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  1. #1
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    Feb. 20, 2011
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    Default Divorce in Massachusetts

    I have a BFF if a bad situation. She has been married for a short time (no more than 3 years). She holds all the assets - including the loan for his truck. During their marriage he has been unemployed for at least the last year. She just found out that he has been having an affair for the last year.

    The attorney told her she could loose half of everything? Her house? Her savings?

    (I had talked to her abot a prenup, but she never managed to get it done)



  2. #2
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    Jun. 24, 2005
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    Alabama
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    Without a prenup, she could lose a lot, and with a bad prenup it still could have happened. She needs to consult another attorney or two, then decide on one. And even if it costs her a lot, it's better than supporting a cheater forever isn't it?
    You can't fix stupid-Ron White



  3. #3
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    It seems crazy to me that he is legally entitled to anything....could she end up having to pay HIS atorney fees?



  4. #4
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    Aug. 12, 2010
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    Westford, Massachusetts
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    Massachusetts is an "equitable property division" state, meaning the judge will divide property up in what he/she considers an equitable way, not necessarily 50/50. Marital property is only income and assets acquired during the marriage (not including inheritances). Any property she owned, as an individual, before marriage is hers. If she owned the house before they were married, all she'll owe him is any increase in equity on it since they've been married...these days, not much .

    There will be no alimony with only a 3 year marriage.

    I'd suggest that your friend 1) interview more lawyers. I interviewed 5 (first consultation is usually free) before settling on one. Sad to say, some will TRY to make things adversarial in order to collect higher fees, I wanted to avoid those. 2) try to work out the property division with her soon to be ex husband.

    I did that with my ex...we sat down and divied things up ourselves, IF she can do that she'll save a ton on legal fees and possibly come up with a settlement she is happier with. Any time you can't agree and have to leave it to the court to decide, you've lost your personal discretion, that is to be avoided. My ex was suprisingly cooperative, we were in a similar situation to your friend (no cheating involved, but most things were "mine" and I earned more money), I offered him all the basics that he'd need to setup a new apartment (basic furniture, etc...), 1/2 of what was in our checking account (not much!) and I prepaid his rent in the place we'd been living for a couple of months, to give him time to find a new place or get a roommate. We went through credit card statements (we had no auto loans) and divided up the debt based on who had bought what). The judge was perfectly fine with how we did things and just signed off on what we'd arrived at.


    8 members found this post helpful.

  5. #5
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    Jul. 13, 2011
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    East Longmeadow, MA
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    Default

    As a Massachusetts attorney (Not, thank God, specializing in family law for more than a few months years ago) I wholeheartedly second what Canaqua said.
    What's wrong with you?? Your cheese done slid off its cracker?!?!


    1 members found this post helpful.

  6. #6
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    Thank you so much for the information that sounds just. Hopefully my BFF will keep moving forward



  7. #7
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    Jul. 13, 2011
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    East Longmeadow, MA
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    Interesting about the truck loan. Is the truck in her name? I would think it was if she took out the loan. If so, she definitely wants to see about selling the truck and using any profit to give to him to go buy his own vehicle.
    What's wrong with you?? Your cheese done slid off its cracker?!?!



  8. #8
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    The truck is in her name, I think she will want him to have the truck.....this relationship has been a disaster of the Jerry Springer variety.

    He has an account that an ex deposits child support into. The truck payments are automatically withdrawn from that account. (Low huh, using your child's money for yourself?)



  9. #9
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    Oct. 1, 2004
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    Magnolia, TX
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    Default

    Quote Originally Posted by dudleyc View Post
    The truck is in her name, I think she will want him to have the truck.....this relationship has been a disaster of the Jerry Springer variety.

    He has an account that an ex deposits child support into. The truck payments are automatically withdrawn from that account. (Low huh, using your child's money for yourself?)
    Unless she trusts him to make the payments (unwise), they should refinance the truck into his name. He'll have to go through the whole application procedure. And many people receiving child support use it in other ways. As long as he provides for his kids - the cost which generally exceeds what is received trough CS anyway - it doesn't matter which account a car payment comes from.
    Jer 29: 11-13


    2 members found this post helpful.

  10. #10
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    Quote Originally Posted by Aggie4Bar View Post
    Unless she trusts him to make the payments (unwise), they should refinance the truck into his name. He'll have to go through the whole application procedure. And many people receiving child support use it in other ways. As long as he provides for his kids - the cost which generally exceeds what is received trough CS anyway - it doesn't matter which account a car payment comes from.
    His credit is so bad that he will not get a loan.



  11. #11
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    Actually the truck is a bit of a prob I think as she is paying for the insurance so that he and his son can drive the truck. Both have bad driving records and the insurance is expensive. If she stopped paying the insurance and there was an accident then the injured party could go after her because the trucks in her name?



  12. #12
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    I think she probably should sell the truck. Whose name is on the title? If it's just her name, she can sell it at any time, without asking his permission. If his name is also on it, she can't sell it without his signature. Sell the truck, pay off the loan and give him whatever is left, if anything. He can buy a used vehicle with that...paying cash for whatever he can afford. Insuring another vehicle is his problem.


    3 members found this post helpful.

  13. #13
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    Dec. 31, 2000
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    Default

    She needs to sell the truck to get it out of her name. Or he needs to get a relative of his to co sign. Otherwise she is 100% on the hook if the pmts aren't made, or if he is in a car accident.


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  14. #14
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    Sep. 7, 2009
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    Lexington, KY
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    Default

    I don't know about Mass., but in KY, the owner (by title) of the vehicle also has to be the owner of the insurance.
    "We can judge the heart of a man by his treatment of animals." ~Immanuel Kant



  15. #15
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    She is paying the insurance. (She is also paying for his son's insurance on an older truck that his name is on the title).

    Apparently she put down the down payment on a truck that he totaled, he then used the insurance money for the down payment on this truck and he has made all the payments she thinks there are a about 5 years left on the loan (does that seem like a lot?)


    She thinks its too mean to just sell the truck out from under him. Presently she is sitting on her hands waiting for the long holiday weekend to be over so she can get in touch with attorney's.



  16. #16
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    Sep. 5, 2005
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    Mass.
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    She needs to stop paying for the son's insurance, yesterday, and notify the insurance company. She has NO obligation whatsover to an adult stepchild.

    She furthermore needs to either a) sell the truck and give the husband the proceeds or b) sign the truck over to the husband entirely, and stop paying the insurance if it's not in her name. Let the deadbeat husband come up with his own insurance.

    Unfortunately if the DH's name is on ANY of the loan documents, then they both have to sign off if the truck gets sold.
    I realize that I'm generalizing here, but as is often the case when I generalize, I don't care. ~ Dave Barry


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  17. #17
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    Aug. 12, 2010
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    Quote Originally Posted by dudleyc View Post
    She thinks its too mean to just sell the truck out from under him.
    Argh!! I'm a woman, so I feel weird generalizing, but this is such a woman thing...to worry about being "mean", when "mean" really means "looking after your own interests rather than being a doormat".

    I've been through two of her issues...but, not at the same time. I've been divorced from someone overly financially dependent on me and I have an adult stepchild (came with second husband, who is not dependent on me). So, I'm not in the same situation, but I have some experience on both ends of hers. Where does she live in Mass (you can PM that if you'd like)? Maybe I can give her a "pep talk" so she isn't overly taken advantage of.


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  18. #18
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    Quote Originally Posted by dudleyc View Post
    She thinks its too mean to just sell the truck out from under him.
    Argh!! I'm a woman, so I feel weird generalizing, but this is such a woman thing...to worry about being "mean", when "mean" really means "looking after your own interests rather than being a doormat".

    I've been through two of her issues...but, not at the same time. I've been divorced from someone overly financially dependent on me and I have an adult stepchild (came with second husband, who is not dependent on me). So, I'm not in the same situation, but I have some experience on both ends of hers. Where does she live in Mass (you can PM that if you'd like)? Maybe I can give her a "pep talk" so she isn't overly taken advantage of.


    1 members found this post helpful.

  19. #19
    Join Date
    Jun. 24, 2005
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    Alabama
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    Whatever happens she needs to get her name off the truck. And stop paying their insurance. I'm sure the hubby doesn't want a divorce, because she's supporting him financially, and not many people voluntarily let their meal ticket go. It might cost her money now to get rid of him, but if they stay married long enough for him to get a cut of her pensions or other financials she could be very sorry she didn't end it sooner. She's either going to pay some money now, or pay a ton of money later. And the adult stepson needs to get his own name on the title, and his own insurance, and if he won't then he needs to learn to ride the bus. She needs to ask the attorney about the truck liabilities also. The attorney can tell her if she's responsible if either the stepson or husband hurt someone in a vehicle with her name on it, and what happens if her name is financing the insurance.

    I don't know about Mass., but a friend in another state got sued when her idiot son-in-law wrecked a car titled in her name, and insurance was in the mother and daughter's (the idiot son-in-law's wife), names. She was lucky that it was only car damages, and not injuries to the other driver. My friend could only put the daughter and son-in-law on her insurance because they shared an address, but I bet that varies according to state laws too, and maybe accoding to the insurance company rules.
    You can't fix stupid-Ron White



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