Legal Question in Family Law in Pennsylvania
Financial Abuse
My question is multidimensional. I am the recipient of a substantial inheritance. I bought the house my husband and I live in, foolishly put his name on the deed and paid for it outright. My husband feels it is my financial 'duty' as his wife to bail him out of debt, so he just takes his credit cards and runs them up to the max. I signed a home equity loan which he is paying 3/4 of now and he is in financial trouble again. I cannot deal with his obsessive spending. He refuses to show me his credit card statements and has nothing to show for it, so I think he may be supporting someone else. He is currently over $20,000 in debt. I want out. I have had it. He is supposed to be getting a 401k loan. He refuses to get help for his spendaholic mental illness. He thinks he's absolved from guilt and that I will always come to his rescue. I refuse to any longer. I need to know whether I can file a protection from abuse based on emotional and psychological cruelty. I need to know what my rights are. I need to know whether I will come out ahead in a divorce. He makes more than I do and I have proof that my inheritance bought the house and most of its belongings. Please help. I am at my wits ends.
2 Answers from Attorneys
Re: Financial Abuse
PA has been a no fault divorce state since 1980. In the words of the statute, "the marriage has irretrievably broken down". Most people prefer to proceed on that basis as it is generally easier, less emotionally taxing and less expensive.
There are 2 types of no fault, consent and separation. Consent can be accomplished within 5 months assuming all the property is divided. Separation requires that you be separated for 2 years.
The good news is that inheritance is not marital property. The only exception is that, to the extent you commingled it or gave it to the marriage, you could dilute that protection. Obviously, that could be a big issue.
Regarding exclusive possession, the main way to do that is by proving fear of physical abuse. Emotional abuse is questionable although there is a prohibition against stalking. That is unlikely given your residing in the same house.
You do have issues regarding protection of your credit and your assets given his debt. I strongly recommend that you speak with experienced counsel in the very near future and, upon review of the details, you can be properly advised.
I trust this answers your questions, but feel free to call or E-mail on a free initial basis.
Re: Financial Abuse
There are attorneys in both my Willow Grove and Chestnut Hill offices that will be happy to attempt to answer this at length during a free consultation. If you are interested, please e-mail your name, which of our offices is closer to you, your telephone number and e-mail address to me at: [email protected] and I will pass your information along.
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