? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

A divorce question?

In Phila., PA a friend of my is getting ready to go thru a divorce, their house is only in the wifes name and they have 1 child - they have been married for 7yrs - the wife is telling him that he will get nothing - please advised on what he can do

Update:

thank to all who answered - i will let him know

10 Answers

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  • 1 decade ago
    Favorite Answer

    The house: He may be entitled to half of the increased equity in the house since the time of their marriage. Not the full value; just the increase in equity.

    The child: He should seek joint custody.

    She can say whatever she wants. The final outcome will come as a result of a negotiated settlement - that they broker with or without attorneys, or it will be through the legal system.

    Advise them to each get an attorney, if only to review their own terms of the divorce, and have the official papers filed. Otherwise, the courts, and family court will be in their business.

    Also, in order to get the proceedings going, one of them has to file a complaint at city hall and sue the other party for divorce. They then have to have the other party served.

    Source(s): Researched it myself and have friends that have gone thru (and are currently going thru) divorce in Philadelphia.
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  • bobinn
    Lv 5
    1 decade ago

    The best advise needed, is for you to stay out of it. The problem is between him and his wife. But to answer at least part of your question, if the property was hers prior to their marriage, then the property is hers. Any perceived value increase in the property may entitle him to some consideration that will be worked out by the court. Most likely though, he will be required to provide a level of support for the child, based upon his assets, and his income level.

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  • loch
    Lv 4
    4 years ago

    A freedom or a spectacular is a state granted permission to do something interior of a undeniable ability that they later set with lawsuits. this is a humorous tale. All of politics is a humorous tale. Telling somebody they are allowed to be loose isn't real freedom and is even worse being an entire perversion of what a spectacular or freedom somewhat is.

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  • Anonymous
    1 decade ago

    If house was purchased during marriage it is marital property.

    His wife will most likely get it because of needing place to raise children. In my state he would get a note against house for 1/2 of the equity payable (without interest)AFTER children are out of home.

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  • Fatboy
    Lv 5
    1 decade ago

    Everything, except the child, could be split in half, including the equity in the house. The wife is simply using scare tactics. He'll need an attorney, as it doesn't appear that she'll be willing to work this out in a fair way.

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  • wizjp
    Lv 7
    1 decade ago

    Pa is not a community property state. If the house is her sole equitable property and he can't show a commitment of substantial funds or mortgage payments, he may well not be entitled to anything.

    have him talk to a divorce lawyer; he'll need one.

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  • 1 decade ago

    Your friend will get one half of everything, the debt, assets, and custody of the minor. The only thing they will have to work out is the visitation schedule. Usually the court send couples to mediation to fine tone this area.

    Also, the partner who makes more money will most likely have to pay spousal support for half the duration of the marriage.

    Source(s): I have worked for a divorce attorney for 10 years.
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  • 1 decade ago

    It doesn't matter who's name the house is in, I believe he still has rights to half of it- especially if he was contributing money to the household. He needs to get a good divorce attorney.

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  • 1 decade ago

    i cant answer b/c i dont know the circumstances.. did they have a pre-nup? My guess is whatever was in her name she will get, the father can fight for custody, and win unless she can prove him a bad father, and sometimes the person who made the most money in the relationship can be forced to pay alimony to the ex.

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  • He better get a really good lawyer.

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