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money, assets and remarriage

manyquestions
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Post #1 of 2 (2830 views)

money, assets and remarriage

My fiance has been divorced for 15 years. He had sole custody of his son when they divorced. His x got half of all his assets at the time of the divorce and he has not paid her any support since then. His son is now 19, lives with his mother. He dropped out of highschool and works at a fast food restaurant part time. The X jumps from job to job, apt to apt and has no credit. Both the X and the son call my fiance constantly asking for money for food, gas, heat etc. I am entering the marriage with a fair bit of assets. My questions: Can his X still come back after him for support after all these years? Is he still financially responsible for his 19 year old son who has chosen to drop out of school and unable to support himself? We are selling each of our homes and buying our own home with the equity. We will not likely have a mortgage. What rights will his son have to the joint home is something is to happen to my fiance'? What rights does the son have to my fiance's assets or any joint assets if anything were to happen to him? Am I better to keep my assets apart from the money needed for the joint home separate? Are we better to continue retirement savings in separate accounts vs a joint account?

(This post was edited by Legal on Feb 28, 2005, 8:58 AM)

Legal
GettingRemarried.com Legal Advisor

Post #2 of 2 (2766 views)

Re: [manyquestions] money, assets and remarriage [In reply to]

It would be highly unlikely that the ex-wife would come back for support unless your fiance had an obligation to pay further supportand failed to do so. (It is not clear if this is the case) If so, she could sue for the back support with interest. If not, a court would likely not entertain such a request after 15 years, especially since there are no longer any minor children.

Since his son is no longer a minor and has dropped out of school, your fiance would no longer be responsible for his support unless the divorce decree addresses this issue to the contrary.

When you purchase the new house with your fiance make sure that you take title as joint tenants with right of survivors {or as a tenancy by the entirety if you purchase after married}. When either joint tenant dies, this form of title ensures that the surviving spouse will immediately become the sole owner of the whole property (without probate or becoming part of the deceased party's estate).

Keeping your remaining assestsand retirement accounts separate makes good sense in this case.

Good luck.
M. Giordano
Legal Advisor