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  1. #1
    Join Date
    Nov 2008
    Posts
    4

    Default Still Married Property Dispute

    My question involves divorce in the State of: Delaware

    I have been married in Delaware for 6 years. I bought my house 8 years prior to marriage. My wife and I are having problems (to say the least). I have been staying out of the house for aprox. 6 months. My wife resides there with children from previous marriage. I am currently in domestic violence diversion program (1 year probation). I have been staying out of the house to protect myself from any unfounded allegations.
    My wife has been paying the utility bills or the last six months. The mortgage is in my name only and I pay that.
    Does my wife have any claim on the property by paying the utilities? Can I have the court address the issue without a divorce proceeding?

    I am self-employed with a part time job, and the financial crisis has hit me hard. From what I have read, Delaware does not have any separation agreements. I have read Delaware is also a no-fault divorce state. I understand from Delaware law, my house is not marital property.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Still Married Property Dispute

    Since Delaware is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

    In a proceeding for divorce or annulment, the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the Court deems just after considering all relevant factors including: (1) The length of the marriage; (2) Any prior marriage of the party ; (3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; (4) Whether the property award is in lieu of or in addition to alimony; (5) The opportunity of each for future acquisitions of capital assets and income; (6) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife; (7) The value of the property set apart to each party; (8) The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live; (9) Whether the property was acquired by gift; (10) The debts of the parties; and (11) Tax consequences.

    "Marital property" means all property acquired by either party subsequent to the marriage except: (1) Property acquired by an individual spouse by bequest, devise or descent or by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or a notarized document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer. (2) Property acquired in exchange for property acquired prior to the marriage; (3) Property excluded by valid agreement of the parties; and (4) The increase in value of property acquired prior to the marriage. (Delaware Code - Title 13 - Chapters: 1504, 1513)
    I don't think you'll be able to do this without the court getting involved, unless she agrees to move out.

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