If I file first can that in some way be held against me in some way?
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If I file first can that in some way be held against me in some way?
My spouse has been unfaithful and he keeps telling me to file for a divorce first. Also, since his cheating another incident has come up. When we first bought our home in 08/91, I was very young and naive. My husband told me that since I had somewhat bad credit at the time, that my name could not be on the title; we would not be able to get the home if I did not sign a waiver. So I did sign it during closing, Since no one at the real estate agency informed me of my rights. Is there anything that can be done about this now?
Asked on October 16, 2010 under Family Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Ok, you need to get an attorney as soon as you can. In many states it does not matter whose name the title of the prperty is in. If the property was purchased during the marriage and you are on the mortagge and contributed to the marital home suring the marriage (raising kids counts) then you should be fine, depeding on your state law. But your attorney will know how best to proceed once he or she has the answers to these questions and sees that waier (which makes me a little nervous). Your husband wants you to file first to pay for the bulk of the legal work. Some attorneys prefer to be the ones to start the suit. Some don't cate. Good luck.
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