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protecting myself

secondwife1234's picture

I am engaged while my finace struggles to get divorced.(3 plus years, I did not break up the marriage).

We just moved to a home that he purchased before we met. I decorated it and did all the planning. I can not afford this should something happen to him before we marry.

 

What can I do so I am not on the street shoudl he die or i dont think so split. 

 

 

secondwife1234's picture

i have my money nit as much as him but its our home and I am playing wife.

tog redux's picture

Well, there's a good chance that, should he die, his home will go to his wife if they aren't yet divorced, unless he has a legal separation that includes his assets going to you (if that's even possible). So if he were to die, you'd be out of a home and be able to rent a place you can afford. 

notsurehowtodeal's picture

Your best bet is to contact a local attorney and go in for a consult. These types of things vary by state and you will get much more accurate info from an attorney. Clearly you should be taking some steps to protect yourself financially since you are in some ways financially dependent on your SO while he is still legally married to someone else.

MissTexas's picture

You need to know if he is not yet divorced, this is considered an asset that will still be on the negotiating table during the divorce mediation/settlement. Many attorneys go for the jugular when they know the man has already moved on and has a fiance when not yet divorced, which causes the STBX to get a LARGER settlement.

Also, how do you feel about being engaged to him when he is not even divorced? This is a potentially catastrophic situation that could very easily blow up in your face.

It's been said whatever they do with the previous spouse (move on to divorce and getting engaged) they will do to the current one.

I'm worried for you. You MUST SEEK YOUR OWN LEGAL COUNSEL, and ASAP. Many will provide a free initial consult.

Are you able to support yourself? I certainly hope so.

Best wishes.

BethAnne's picture

As you are not married and are not an owner of the property paying the mortgage should he die will not be your legal responsibility but will be up to his estate or heirs to pay.  I bet you can afford $0.

Make sure you have enough savings to set yourself up in your own place (security deposit and a month or so's rent plus moving costs). Find out what rent will cost at a modest appartment where you would want to live to give yourself an idea of how much money you would need. I would also make sure that you are not named on any of the bills for the property so that you will not be liable for them. This is a good idea both in the case that he dies and if your relationship breaks down. 

If you don't want to contribute to his home (decorating or planning) then stop doing it and let your fiance do it. Only do what you want and what you can afford to loose if you have no ownership rights.