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Thread: spliting marital property

  1. #1

    Default spliting marital property

    I hope this is OK to post here. I'm sure the correct answer is to call a lawyer I just wondered if someone had some experience with this and could add a little knowledge.
    My wife and I are getting a divorce. We live in Florida and have property in AK. The lawyers here claim the state of Fl. can't do anything with the property up north that we will have to do it in person.
    The state of Fl has a partition option, this is where one party asks the court to sell the property even if one party is not for it. Does AK have a partition clause?
    Secondly can she call a realtor and sell the place out from under me even if its in both our names? That would really stink, seeing as how I'm walking away from everything on the south end and living the nomad lifestyle in an RV trailer.
    Can't a simple quit claim deed be filed? If its done with notarized signatures seems like it could be accomplished thru the mail?
    thanks in advance for any input, I'm in the dark.

  2. #2
    Member Vince's Avatar
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    sorry to hear about the pending issues... but having been through i twice i fully understand..

    as for the complete and total legality of it I DON'T KNOW>..

    but i will share a little..

    both my ex's walked off for other folks.. and left most behind... i ended up with the house both times. though the custody battles of the first was the worst... 270K worth

    in AK as long as both agree.. and sounds like you got some wiggle room leaving it all and only wanting AK land.. that a quit claim can be filed and you will be sole owner of the land even though her name still appears on the title until sale...(???)

    we can probably get you in touch with a title co here in AK that can answer all of the legal stuff.... but i am pretty sure that if she signs a quit claim.. she is done here...
    "If you are on a continuous search to be offended, you will always find what you are looking for; even when it isn't there."

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  3. #3

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    Oh crud, for sure, the title company is who i need to ask. They would know how all that works, and it wouldn't be 350.00 per hour.
    I have the name in the file of the company in Anchorage who did it when we bought it. I'll call them and see how it looks.

    Florida is a funny state. Its no fault, she can nuzzle up to whoever she wishes and all our stuff is half hers.

    Ironically enough, in July and August while I was at the cabin with my boy for three weeks she warmed up to the drunken neighbor and when I got back found a bit of a problem. Down here though she still is entitle to half. I am going to ripen the pot and start over. I got nobody to leave anything to. 13 days after the boy and I got back from AK he died of a heart attack, 18 years old.

    A roof over your head, a little food for your belly and the grace to see another sunrise is all a man needs. All good here. Thanks for your suggestion and hopefully I'll be spending a little more time in the woods next summer.

  4. #4
    Member tboehm's Avatar
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    Can't offer any advice but can offer some prayers. I read your story and just can't imagine how tough things can be for you right now. Loosing a son that way and the early is unthinkable.

    Semper Fi and God Bless

  5. #5

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    Wow Canyoncastle, that is extremely sad news. I am extremely sorry for the loss of your son, and the apparent loss of your marriage. I too have been through a divorce. I have 2 sons and a daughter. I can't imagine losing any of them. The only advice I could possibly offer you on your divorce and marriage, is to wait. Tell your wife that you are willing to work on your marriage if she is, and let her make the decision to divorce you or not. That way, if she divorces you, at least you will have piece of mind that you did everything possible in your mind to make your marriage work. I know that is not the easiest advice to follow. A good friend of mine told me the same thing when my ex-wife left me and divorced me. I can say now, that it was the best advice I ever received. The reason why I say that is because I truly believe that marriage is a life long covenant. Because I honored my covenant the best I knew how, I now have been blessed with the most amazing woman, wife, and companion. I truly believe in my soul that the reason why I have been blessed with such an amazing woman, is because the good lord up above was looking down at me with eyes of mercy and he redeemed my acts of faithfulness by bringing me a faithful woman. So no matter how hard it seems, keep walking with integrity and you will in due time reap what you sow. Lord bless my friend. And again, I am truly sorry for your loss.

  6. #6
    Moderator LuJon's Avatar
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    BWJ, your a better man than I. There is no way I could ever forgive and get past that type of indiscretion. Most anything is forgivable but if another man soiled the loins of my wife of her own desire then "peace and chicken grease" I am out! In fact I would probably head out to a remote cabin in Alaska and spend some time fishing and enjoying a simple life for a while.

  7. #7
    Member Vince's Avatar
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    Quote Originally Posted by LuJon View Post
    BWJ, your a better man than I. There is no way I could ever forgive and get past that type of indiscretion. Most anything is forgivable but if another man soiled the loins of my wife of her own desire then "peace and chicken grease" I am out! In fact I would probably head out to a remote cabin in Alaska and spend some time fishing and enjoying a simple life for a while.
    oh hell john my first slept her way up the Alyeska food chain to get her jobs... caught her in bed 2 times... she wernt pure when we met neither... however taking the higher side... and trying to work it out.. .shoot she hated me enough to just split.. left all her crap behind too... wernt till she got remarried and he wanted the kids ( only later did i find out why) did the custody battle start...

    second one.. well she lives in TX with her GF now... tried to work it out with her too.. even offered to find a BI GF.. so we could both be happy... shoot 4 months later... house was all mine.. kids too... still are.

    point is there is more ways to hurt someone that whacking and stacking... remember the beginning of Karate kid II? when Mr Mi-Augie did not hurt the creep Sensi... but honked his nose... ???? i forget the exact line... but in short that guy suffered more for being shown pity and kindness then if he had gotten his neck busted...
    "If you are on a continuous search to be offended, you will always find what you are looking for; even when it isn't there."

    meet on face book here

  8. #8

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    Quote Originally Posted by LuJon View Post
    BWJ, your a better man than I. There is no way I could ever forgive and get past that type of indiscretion. Most anything is forgivable but if another man soiled the loins of my wife of her own desire then "peace and chicken grease" I am out! In fact I would probably head out to a remote cabin in Alaska and spend some time fishing and enjoying a simple life for a while.
    I understand Lujon, that is exactly what I thought at the time. And there is no way that I could have done it in my own strength. But like I said, in the long run, the rewards far outweigh the sacrifices that I made. Just my two cents. But, on the other hand, nobody would ever think a lesser man for walking. Certainly adultery qualifies as grounds for divorce. To each his own though.

  9. #9

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    Attachment 42108You guys are to kind, thanks for your words and concerns.

    Concerning the marriage, I am at peace with my efforts. No I'm not perfect nor is she. Its broken, we both know that, and I'm sure we both deserve to be happy.

    Concerning the boy, I am at peace with his death also. I could go on for hours about the short but FULL life we where able to offer one another. He passed doing what he loved, with a smile on his face. I have a picture to prove it.
    He was right with the chief upstairs, passed quickly without pain, surrounded by people who loved him.

    I keep telling myself, my half of this marriage may just be the years I got to spend with the boy. It was my only chance to be a dad. The cabin had a special place in the boys heart. That is why I intend to keep it and spend some time with my fishing buddy in spirit. No need for this to turn into anything else. After all its the cabins and remote living section. Both now very high on my list of priorities. thanks again.

  10. #10
    Member greythorn3's Avatar
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    best of luck to you. keep the faith
    Semper Fi!

  11. #11

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    Back to your original question. In general it takes one to buy and two to sell. You can buy a piece of real estate with just your signature. When it comes time to sell it's going to need both sigs no matter how the deed reads.

    Best of luck....if you're going to have hills you have to have valleys...sounds like there's a big hill due you soon cause you sure are in a deep valley.

  12. #12
    Supporting Member Amigo Will's Avatar
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    My X's were all good housekeepers,they all kept the house. Alaska land should be able to go in the split just like retirement money down the road
    Now left only to be a turd in the forrest and the circle will be complete.Use me as I have used you

  13. #13
    Member Queen of Kings's Avatar
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    My Ex and I split things wihtout fighting. My properties, I.E cabins were just quit clamed over to me. House Im re-fi to get he name of and ofcourse then note.
    2003 220 Hewescraft Sea Runner 115 Yam'y, Soft Top "Schmidt Happens"

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    Member Alaskanmutt's Avatar
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    What ever you do make sure it is RECORDED in the recordering district the property is located in. Alaska is a non compliant state and does not require recordation but it is needed to show legal ownership. By placing it in the public record then she can't come back years later and claim it

    I have talked to a lady who paid 35000.00 cash for a property, filled out the quit claim deed and trusted the seller to record it. A few weeks later it was back up for sale, When she called the seller his reply was "do you have a quit claim deed?" Since she did not, and it was never recorded she had to sue him and show proof that the cash she gave him was for the property and not some other loan or purchase

    I did not ever hear how it turned out though.
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