Archives for November 2011

When we divorce, will I be responsible for half of my wife’s school loan?

Additional Information:

My wife and I are getting divorced.  She took out a loan so she could go back to school at URI.  She said she would use the degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her going to school.  Will I be liable for half of the loan?

ATTORNEY ANSWER:

You probably will not have to contribute anything to your wife’s school loans. School loans in RI almost always stay with the person who incurred them and are not subject to marital distribution.  [Read more…]

Will he be entitled to half of our property when we divorce?

Additional Information:

My husband married me for my family’s money.  We’ve been married for 5 years, have 3 kids and a house worth $2.5 M in East Greenwich. He took care of all the finances and I just found out that he has depleted our bank accounts.  He came into the marriage with next to nothing ($10K) I thought he truly loved me but now I see that he doesn’t care about me or the kids, he was just interested in my family’s money.  I now see why we should have signed a prenuptial agreement.  Will he be entitled to half of our property when we divorce?

ATTORNEY ANSWER:

I can obviously understand your concern, however, without much more information I cannot answer your question completely. Notwithstanding, inherited property is NOT subject to distribution in a divorce. However, if you take inherited property and commingle it by putting your husbands name on the property, you could end up having to share that with him. He will be entitled to a portion of the property that is marital in nature. Martial property generally does not include inherited property, gifted property and pre-marital property. Of course there are always exceptions and you should speak to a good divorce lawyer to learn about your rights.  [Read more…]