If my to be ex-wife is filing a loss suit against her previous employer for events that occurred during our marriage, am I entitled to half the settlement?

UPDATED: Dec 15, 2011

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If my to be ex-wife is filing a loss suit against her previous employer for events that occurred during our marriage, am I entitled to half the settlement?

She quit the job before we filled for divorce and is now suing for sexual harassment that occurred during our marriage. The lawsuit will not be finalized until after our divorce. Am I entitled to a portion of her settlement? She is also refusing to sign off on our house that is upside down on the mortgage and wants to co-own until the market is better while I live in the house and make all of the payments and maintain the home.

Asked on December 15, 2011 under Family Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First and foremost it sounds as if you need a lawyer and fast.  When you say "sign off" on the house what do you mean?  Are you trying to sell it in a short sale?  What agreement do you have about occupancy and asset distribution when it comes to the house?  All this matters here.  If you have been given exclusive occupancy then you are expected to pay for the maintenance and the upkeep - including the mortgage - while you are living there. She presumably has to pay to live elsewhere.  As for the lawsuit, it is unlikely that you would be able to collect anything on the matter or that you would have collected anything even if you were still married.  It was her suit and most likely would have been deemed separate property.  Get help.  Good luck. 

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