How to civily disentangle a 30 year marriage when one party is illiterate and a farm is involved.

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How to civily disentangle a 30 year marriage when one party is illiterate and a farm is involved.

A couple has been married for 30 years. The children are grown. The woman has worked for the last four years has health insurance. The man has worked for all 30 years has no health insurance. The husband bought his farm before he was married. If he tries to seek separattion or divorce does community property jeopradize his farm and his assets. The family income is apx.40000$.

Asked on May 19, 2009 under Family Law, West Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The husband should talk to an experienced divorce attorney first, and ideally without letting his wife know he's doing it.  One place you can help him find the lawyer he needs is our website, http://attorneypages.com

Ordinarily, property that is owned before marriage isn't directly subject to the divorce, although it can have a bearing on how much alimony, if any, has to be paid.  Here, since the farm is also how the husband earns his living, that would probably tend to protect it as well.  But without quite a bit more information, including what the wife's work is and how much she makes, it's impossible to give a definite answer, and sometimes even with all the information, if the parties can't settle the case it will depend on the court's decision.


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