Will my wife have rights to the house and my 41k if we divorced even if she left the country and me and our 3 kids?

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Will my wife have rights to the house and my 41k if we divorced even if she left the country and me and our 3 kids?

We are married for 13 years. My wife wants to go back to Africa and leave our 3 kids. How can I stop her from getting any share in the house or my 41k knowing that she never worked all these years and I was the sole provider?

Asked on August 29, 2012 under Family Law, Maryland

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

You should think about hiring an attorney or at the least visiting an attorney in a paid legal consultation.  There are several stratgies that may help you save both, including buying out her equity interest in the house.  How much equity do you have in the house with the horrible housing market?  You may also consider offering her the ability to pay no child support if she does not seek any assets.  This can be structured to meet court requirements.  You can also consider trading off assets with paid visitation to/from Africa once a year to see the children.  An office visit may result in many more creative options to keep the house and 401K.


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