Question asked on July 16th, 2018
Q: Married 66 yr old female resident of Carson City, NV. Married 26 years, separated and residing in Il. since Dec.2017. Had had 2 attorneys I consulted and money has been an issue. He will not divorce me. We own a house together that is paid for and I wanted him to buy me out. He refuses to and I get a monthly stipend that I insisted on that was drawn up by me and he agreed. It was witnessed by an attorney and notarized. Without this contract I would only have my SS to live on. How do I go about this when he says he will never let me have half of the house worth? If he loses his job and pays his debts, I will be the last to get money I have no security. When you are a senior citizen and unable to work and your spouse is holding all the power it is a month to month existence .Can you help with me to secure my financial future?
A: Some parts of your narrative do not seem quite right. For example, it makes no difference whether he wants a divorce; the choice is entirely up to either party, and if you want to divorce, the court will grant it as a matter of right, as explained in the link here.
You are entitled to your half of the property (or its value). If he wants to keep the house, he will be required, ultimately, to refinance so as to buy you out, and if he refuses to do so, the court should ultimately require its sale. See the information posted here.
You mention two lawyers — all of the above information should have already been explained to you. If you still have not received adequate information and advice, first review the other substantive pages on the web site linked above, as to preliminary motions, and as to spousal support and alimony, especially. Then consider a further consultation with this office, or some other family law specialist in Nevada — it can be done by phone or skype if you do not plan to return here at any time from Illinois. Either way, get solid information, soon, and then make a plan for moving forward with your life.
