Thirty Years of Marriage Ended in One Minute

Scott,

My husband of 30 years left me in February this year with a one-minute phone call. Throughout our marriage I have been the main income-earner, supporting him through his small business and paying the mortgage and all living expenses. He would give me money here and there. The home is in my name but the mortgage is in both, though he has never paid a cent to it. The house is worth $200,000 with a $150,000 mortgage, and I have other debts that I took out to support him. His parents’ estate was settled in January and he was due to receive over $600,000 in inheritance. It was delayed for a month so that I couldn’t make a claim on it. I’m not being greedy, I just want the mortgage paid out. Do I have a claim?

Carol

Hi Carol,

Your marriage may have ended in one minute, but it sounds like your ex spent many hours planning his departure.

Now you could go to the Family Court about this.

However, a word of warning if you do: the Family Court is a little like a mother at the end of her tether trying to sort out a fight between her kids … everyone gets a clip around the ear!

The Court could look at your husband’s trick of delaying probate on his parents’ estate and order him to give a chunk of it to you. Or, it could order you to pay off the mortgage and transfer the property to him. More likely it will be somewhere in the middle.

So, just like warring siblings, you should do everything you can to avoid being dragged into the fight: because it’s going to be rough … and potentially very, very expensive.

Yet if it does come to that, my advice is the same as rocker Tex Perkins:

“Better get a [family] lawyer son, you better get a real good one.”

Scott.