Who wrote the marital rights laws in Iowa?

[BCClone]

I’m not sure I buy until marital courts screwing over men thing anymore.

I know of two cases locally where there was multiple documented and charged cases of domestic violence… some pretty serious stuff….and the dads are still granted every other weekend. It’s insanity.

Judges can be streaky. Friends son separated from his wife. While separated the wife did meth and the 2-3 year old got into it and almost died. Took the mom being arrested 3 times before they finally pulled all custody from her.

 

[deadeyededric]

I’m not sure I buy until marital courts screwing over men thing anymore.

I know of two cases locally where there was multiple documented and charged cases of domestic violence… some pretty serious stuff….and the dads are still granted every other weekend. It’s insanity.

If it were the other way around id say the same thing. Those are just bad laws given the circumstances. Its not that easy to get a divorce either.

 

[ISUTex]

So my buddy has been separated from his wife(not legally) for almost 2 years. His wife actually left him. He bought a place like 1 year ago in Iowa City and is now looking to sell it. His wife never lived there, never paid any equity into the house, and has never even been on the property. How in the **** is she(possibly) legally entitled to some of the money he could potentially get from the sale? A man hating woman clearly wrote this bill because I can almost guarantee you it disproportionately screws over males. Nobody but the person on the loan should be entitled to that. They had only been married like a year and a half too.

They're still married. Separated(not legally) doesn't mean divorced.

 

[deadeyededric]

They're still married. Separated(not legally) doesn't mean divorced.

Im not saying its not the law. Im just saying that marriage alone shouldn't automatically give joint ownership to people. I think its ridiculous. For things that require a loan both people should have to be on the loan.

 

[3TrueFans]

If it were the other way around id say the same thing. Those are just bad laws given the circumstances. Its not that easy to get a divorce either.

If it were different a less scrupulous person than your buddy might get separated then try to buy a house without his wife to keep her from getting assets she would be entitled to.

 

[deadeyededric]

Judges can be streaky. Friends son separated from his wife. While separated the wife did meth and the 2-3 year old got into it and almost died. Took the mom being arrested 3 times before they finally pulled all custody from her.

Ive seen that happened too. If we applied the same principle here to that they should have shared charges.

 

[3TrueFans]

Doesn't the spouse have to sign some purchase documents even if they're not on the mortgage in Iowa?

 

[deadeyededric]

Doesn't the spouse have to sign some purchase documents even if they're not on the mortgage in Iowa?

Yes

 

[3TrueFans]

Yes

So she signed the documents then he should have known about all this, right?

 

[ISUTex]

Im not saying its not the law. Im just saying that marriage alone shouldn't automatically give joint ownership to people. I think its ridiculous. For things that require a loan both people should have to be on the loan.

Sharing everything is part of being married though. Sounds like he made a huge mistake getting married.

 

[RustShack]

I guess I’m confused what the issue is. That’s how marriage works.

 

[madguy30]

Bad move by him. If he knew this thing was going to end in divorce he should've consulted a family law attorney before buying property.

Or just used Google to learn to just rent until a final deal is done.

Here's to hoping he didn't date anyone...pretty sure that can be bad in the event of divorce.

 

[KCCLONE712]

Sounds simple to me......just sell it at break even out of spite, and voilà, no capital gains. I personally would sell it at a massive loss and have her split that

 

[NorthCyd]

Because marital assets are generally viewed as shared even if kept in separate accounts and are divided equitably in divorce.

He should have gotten divorced sooner and not made any major purchases before that.

This is not entirely true by the way. If there are assets that have been kept separate and were not relied upon for normal shared living expenses there is no guarantee you will get half of that. An example might be a trust fund that was payed out to one person in the marriage and kept in a separate investment account and never used by the couple.

 

[CycloneDaddy]

This is not entirely true by the way. If there are assets that have been kept separate and were not relied upon for normal shared living expenses there is no guarantee you will get half of that. An example might be a trust fund that was payed out to one person in the marriage and kept in a separate investment account and never used by the couple.

Very important if your marriage isnt solid and you inherit money. Keep that money in a seperate account that is only in your name.

 

[pourcyne]

So my buddy has been separated from his wife(not legally) for almost 2 years. His wife actually left him. He bought a place like 1 year ago in Iowa City and is now looking to sell it. His wife never lived there, never paid any equity into the house, and has never even been on the property. How in the **** is she(possibly) legally entitled to some of the money he could potentially get from the a sale in the future. Nobody but the person on the loan should be entitled to that. They had only been married like a year and a half too.

That's stupid, because if he defaults on the loan, the lender will come after her whether her name is on the loan or not. Under Iowa laws, they can't garnish her wages or anything that is solely hers, but as his legal partner, her share of any assets she owns half of is at risk if he defaults on the loan.

Why does he stay married to her? Better question, why does she stay married to him?

Something tells me there's more to the story.

 

[JP4CY]

Sounds simple to me......just sell it at break even out of spite, and voilà, no capital gains. I personally would sell it at a massive loss and have her split that

 

[deadeyededric]

That's stupid, because if he defaults on the loan, the lender will come after her whether her name is on the loan or not. Under Iowa laws, they can't garnish her wages or anything that is solely hers, but as his legal partner, her share of any assets she owns half of is at risk if he defaults on the loan.

Why does he stay married to her? Better question, why does she stay married to him?

Something tells me there's more to the story.

The lender cant get anything out of the person wjo wasnt on the loan. I know this because my sister was in a similar situation years ago.

 

[deadeyededric]

Sounds simple to me......just sell it at break even out of spite, and voilà, no capital gains. I personally would sell it at a massive loss and have her split that

Your best bet is to break even. She has no risk since she wasnt on the loan. She can only gain from it. Apparently the debt isn't shared.

 

[isufbcurt]

I dont know. He said there was a backlog of divorce proceedings in the state and needed a house.

That's a weak excuse and pretty lazy on his part. I know a couple couples who got divorced fairly quickly, it all depends on if you can agree on things.