Any lawyer around that could reassure me?

[Footay]

Help! I need reassurance and wanted to ask DU because I know she won't look here.

My partner split up with me last year, and I have been living in limbo, trying to avoid a partition action to divide the jointly-owned property. I finally retained an attorney who drafted a letter to try to settle. The letter from my attorney to her arrived yesterday, so last night was a very long night. To my knowledge she doesn't have an attorney.

We purchased a home together in 2006, and around the same time, refinanced her previous home which she had purchased 20 years prior. It was deeded JT/RS as was the new property, so both our names are on both the deeds and the mortgage.

In my offer of settlement, I would keep the new house, she would keep the old, and I would pay her an amount to make this an equitable split, considering also the two vehicles that are jointly titled - one with a loan, one without.

She is refusing to even talk, saying that I have no right to the older home or the vehicles since she had them prior to our relationship and was the one who paid for them. Until we split last year, all bills were paid from a joint account.

She's making all sorts of threats against me, and because she's such a bully, I don't know any more what's true and what's just hot air.

My attorney said that the past ownership doesn't matter that as soon as they were jointly titled, they were joint assets. She claims I will get laughed out of court by a judge.

It's very difficult for me to financially make the offer, as she ran up my credit cards as an authorized user, but I just want out. I don't know what to do. I don't want to go to court if I have a possibility of losing.

Does what she says have any merit?

Thanks so much.

[Deep13]

1. I'm sure your lawyer knows the law in that state.

Why would you consider the opinion of an amatuer who is obviously trying to intimidate you over the word of a professional who you paid to tell you the truth?

I'm not going to give legal advice to someone I don't know, who is probably not in my state and where that person is already represented. My off the cuff thought, however, is that your former partner is assuming marriage rules apply here. Generally, the title or deed determines ownership. Again, do not rely on this.

[SoxFan]

2. For $175 per hour, I can be very reassuring

[Footay]

4. I should have hired you

My guy is $250 per hour.

Thanks for the response. She's just got me so intimidated that I can't concentrate on anything and my attorney is out today, of course.

[Debi]

3. If you have a lawyer why are you talking to her about this?

Unless the two of you are working toward a settlement there is no reason to be having a discussion. You hired a lawyer - you are paying for that service. Tell her to have her lawyer call yours and be done w/the call. Otherwise you're wasting your lawyer's time and your money.

(Gee, that sounded really harsh - sorry. But seriously, your lawyer knows more than your ex does - unless she's a lawyer herself - so let your lawyer deal with it and hopefully you can let the stress of it go a little).

[Bake]

5. Listen to your lawyer.

I don't know what state you live in, so I can't advise you. But generally, my gut reaction is that your partner is wrong, but trying to intimidate you. Ask your lawyer.

Bake, Esq.

[Lil Missy]

6. I wouldn't even discuss it with her. Tell her to take it up with your lawyer.

[Tangerine LaBamba]

7. Consider yourself reassured

Sounds like you've got yourself a good lawyer.

Now, don't listen to her any more.

OK?

[flvegan]

8. Oooh, title law! You have an undivided 1/2 interest in both homes.

And that happened as soon as your name was on the deed. Now, a judge *could* decide in a court action that it was a prior asset and give you an equitable interest and dictate you get $x for what you put into it.

That said, listen to your lawyer.

[Raven]

10. Ditto, ditto ,ditto...listen to your counsel and don't talk to her. Your

partner should have gotten some sort of an agreement with you about the disposition of the jointly held property. Absent that, I think it's joint...meaning 50/50. But like everyone else here I say...listen to your lawyer! Good luck!

[Bake]

12. You're just disappointed it didn't include the Rule Against Perpetuities!

I'm onto your game, Esquire!

:hi:

Bake

[skygazer]

9. 1. Listen to your lawyer

2. Do not talk directly to your ex. She or her attorney should communicate with you only through your attorney.

3. Do not ask for legal advice on a message board. :P

4. Good luck. :hi:

[Debi]

11. Heh! #3 is the BEST ADVICE EVER!!

:bounce: