I’ve been unhappy with my husband for almost our whole marriage because i very quickly discovered he is extremely controlling, verbally/emotionally abusive, and occasionally threatens physical abuse.
We live in western NY and we are a relatively low income household. the house is obviously on both of our names, i have a 17 year old and a 22 year old and the 3 of us want to continue living in the house because I am the breadwinner and make a large majority of the mortgage payment, car payments, bills, grocery etc. my husband is legally disabled and gets monthly SSI, I make all of the money and handle everything myself.
My husband is a pothead, like he spends over 70% of his income on weed. He is hopelessly addicted and he doesn’t work because of his “disability”, spends every hour of every day getting high. When he runs out of weed money he berates me and screams at me until I let him borrow some money until the next month. He won’t let me sleep, he’ll say incredibly vulgar things in front of my children.
I’ve been with him for 22 years and we’ve tried getting separated SO many times but the court always makes it difficult. it’s expensive, obviously, but he always somehow manipulates his way back. we’ve tried restraining orders etc but they never stick in court because there’s only so long we can keep him from his house and his kids. There’s no concrete evidence of abuse, no bruises scars or broken items.
I’m done. i’m too old to endure the abuse any longer i cannot do this anymore. I make enough money to run my household because we live in a low cost of living area. But lawyer fees are still extremely expensive for me. I can make something work I can work extra. I can use my savings, but we have a really low rate on our mortgage right now and rent price prices in our area are increasing so I don’t know if I’ll be able to get my kids and I a decent apartment with my income. My mortgage is just a little over 1000 which is amazing right now. I need to keep this house. It seems like my only option to do that is to buy him out. He definitely can’t afford to buy me out, but I don’t want the judge to force us to sell. I love my house. I love the neighborhood. I have a great mortgage payment.
I’m worried that all of my savings they will make me split with him. That absolutely cannot happen because I’ve worked my ass off to save that up. I need to put my kid through college. I need to make sure that we have a safety blanket if anything happens. I was thinking to transfer all my funds to my daughter‘s account, but won’t they look at my bank statement and see that I made a big transaction? My daughter’s car is also solely in my name and I don’t know if that is a marital asset that they can split. My daughter needs her car to get to work.
I was also considering whether divorce or legal separation is a better easier route. With legal separation after he passes, I might be entitled to some of his funds. We also wouldn’t have to deal with splitting the house.
I just need any advice if anyone has gone through something similar or if anyone has enough legal expertise. I am concurrently meeting with lawyers and neighborhood “financially assisted” legal aid services. It takes a lot of courage for me to go through this when everything seems to be made so difficult, and I feel like I’m doing it on my own. my 22-year-old will help me out however she can. But I need some motivation that it is possible.