I have a friend in Idaho - I think she's getting the shaft here and maybe somebody can fill in the gaps.
First, she was widowed in 2002. In 2004, she received a large settlement from a traffic accident that left her disabled. A guy comes along and says all the right things and bam, they're married. Then she starts noticing money missing over and over, and because of her disability (brain injury) she doesn't follow thru with investigating and so forth. They buy a house together but it's put in his name only - she puts down $20K out of her own money from before when they were married. In April 2006, they separate - she starts divorce process. She remains in house and he makes the house payment - no other form of support. The house is on the market to sell. In December, 2006, I find in the CdA newspaper that HE'S filed for divorce - she's confused-thinking she'd done that in April - her attorney says don't worry, he'd handle it - she will get support and so forth (she doesn't work outside the home and has a 13 year old daughter from husband that died). So the 30 day period rolls around into early january and divorce goes thru as he spelled it out. Why? Her attorney never did anything with it. So no support, no nothing - he's already taken most everything he's wanted as far as property goes. The decree spells out that house profits will be split evenly. Now there's an offer on the home finally after it's been dropped in price from appraised value of $360K to $290K. Hubby went back to court and her attorney went on her behalf but she doesn't what transpired. No modifications were made to the decree, but now he says he gets refunded any mortgage payments he makes before the 50/50 split. Her attorney changes his story to her, her realtor and so on every time he turns around.
I've suggested her fight is not over the divorce decree-but instead should go to the state bar - her attorney had a responsibility to take care of her and didn't do so. It seems to me she should at least get her $20K that she pulled from her own personal account, before a 50/50 split occurs. He's just short of bankrupted her - the huge settlement is gone - and she has no clue where - all she remembers is they got married, and he immediately wanted to get a joint bank account. So she's living off a a small disability check and social security her daughter still gets from her father's death until she's 16. She doesn't know where bank statements are to set up a paper trail, or anything else for that matter. He's always done their taxes - filed married separately-he always got a refund, she always paid.
She basically is close to ending up penniless here in two and a half short years. Any suggestions?
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