The Divorce Threat List

Question My husband and I are divorcing, and he says that unless I agree to split the property the way he wants, he’ll take me to court and the judge will order us to sell everything. Can he do that?

AnswerSure, he can take you to court, but it is unlikely that the judge would order the sale of an asset unless there is a good economic reason and the sale is in the best interest of both parties.

For example, if you want to keep the house and there are sufficient other assets that could be awarded to your husband to make the settlement fair, it is unlikely the judge would order the house to be sold.

Here is a list of divorce threats, courtesy of Margorie Engel and Diana Gould from their book “Divorce Decisions Workbook.”

“Unless you play this my way, you’ll never get a dime.”

The threatener is used to being in charge, and doesn’t want to give up his power. But coercion won’t work. The property will be divided evenly, and support will be awarded in accordance with the schedules.

“I’ll go to jail before I’ll pay you a dime of support.”

If your spouse is employed, support will be enforced through wage assignment, and your check will come directly from his employer. If he has no employer and falls behind in support payments, there is a panoply of enforcement methods. Ultimately, contempt of court can mean a jail term, but most people pay voluntarily before going to jail.

“I’ll quit my job before I’ll pay you that kind of money.”

Get a witness if you can. If you can show he quit his job to avoid support obligations, the support will probably continue at the same level.

“I will reconcile with you only if you put everything in my name.”

If you are going to reconcile, why do you need an agreement that is lop-sidedly in favor of the party making such a demand? Be extremely suspicious of such statements.

Threats are very common. Just ignore them and continue to attempt to reach a reasonable resolution.


Comments

  1. My ex has told my son he can come live with him in sept. when he turns 14.we are not yet divorced and have no custody arrangement but he lives and goes to school with me.my ex hasnt paid any support in months and only contacts our son every few weeks when its convienent for him.my son thinks if he goes to live with his dad he won’t have any chores and will just be able to party all the time.it is not a good enviornment for him at his dads at all.he drinks all the time and is not stable.but is it true that when my son turns 14, he can go live there and I can’t do anything to stop it?

  2. Angela Logan says:

    My husbands family owns the house we’ve lived in for the past 11 years of our 12 year marriage, He also gets 1200.00 a month from his dad out of his grand mothers estate.
    I don’t make nearly that much but i do carry us through the rest of the month, while he sits around at home all day and blames me for every problem we have. Financial or otherwise.
    Anyway I’ve finally had it and want out. My problem is I don’t make enough money to move out just yet. I do have a new job prospect coming up.
    This morning I told him it was going to take a little time to get in this new job and to find a place.
    so can we agree to be civil to one another. he said sure, but tonight because i refused to sleep in our room he told me i have 10 days to get out. when i told him i have at least 30 days by law. he said stay 11 days and see if i don’t cut your head off. he is on probation for domestic violence against me.
    what do i do?

  3. amanda bedford says:

    I have owned my house 3 years before i met my husband ithad a morgage on it the house is still just in my name .i was a single mum….we have been married 4 years can he claim of my house if we get a divorce.?

  4. My husband already said he is plannng on not making anymore payments on the house, just so I can be screwed. I only work part-time. Make maybe 800.00 a month. Our house payment is 781.00. What do I do? Even if I work more hours I won’t get by. Do I let him have the house? Let him ruin my credit because he isn’t making any payments? We are still currently 2 months behinfmd!

    • If you want to take legal action, you’ll have to file for divorce or separation. Then you can request a court date to ask the judge to make him pay the payment. But the judge might order that the house be sold, if it doesn’t look as though your husband can afford the payment.

  5. I have been with my husband for 23 yrs. he has had numerous affairs… Abusive in every sense of the word… And I recently found out that he has a 21 yr old child in which he conceived during one of his cheating spree’s. We also have 2 children , one over 18 and one under 18. I’ve been talking divorce…which doesn’t seem to bother him, he’s more concerned about the money aspect. He says he would never pay alimony nor child support. He threatened that I had better not ever go after him for cash. I do fear him. I’ve never been a money hungry type of person. I am disabled due to an injury…and I’m on a limited income. I would rather not have to depend on him for alimony or child support…but how else am I supposed to survive after I gave him all my life and sacrifice …I don’t trust the legal system…it’s not so easy to just call the cops if he threatens about support…court ordered or not….he won’t do it. Let me emphasize …I do not trust the legal system as far as protecting me… Any suggestions?

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