husband will not settle even though i have given him everything. He wants money

[Roxturn]

My husband will not settle & sign even though i have given him the house & theres nothing else to fight over.  He wants money as well.  He has no job & will not keep one ehen he gets one.  The home i gave him is on my dads property & its a mobile home so he will have to move it.  I would like for him to sign papers & move the home within 30 days or what ever time limit is appropriate.  Can my dad evict him?  Will a judge order me to pay him any money?  The marriage is ending because he a 43 year old man had an affair with a22 year old.  We have no children together but i have one at home.  We have been married for 5 years in the state of Alabama.

[CollegeDad]

It sounds as though your soon to be ex-husband (STBX) has some bad information.  He is under the mistaken impression that he can go to a judge and be awarded more than you are giving him. 

I believe that you are correct.  A judge is going to take all of the marital property and split it right down the middle if the divorce is a "no fault" divorce meaning that you are divorcing because of irreconcilable differences.  So, if most of your marital property is the mobile home, then your STBX would only get half of that. 

One thing that you do need to watch out for is, the judge will consider all debts, all bank accounts, retirement funds, real estate, and automobiles as marital property unless you can show that it was something that you brought into the marriage as your personal property owned exclusively by you before the marriage.  Any money that you made and saved whether in your personal bank account or a joint bank account will be considered marital property subject to a 50/50 split in divorce.  It will do no good to try to move money out of bank accounts prior to filing for divorce because its not unusual for bank activity going back a full year to be looked at for all accounts. 

If you decide to go forward with a divorce based on fault, namely adultery committed by your STBX, then the judge may award you more of the marital property.  In that case, your STBX may end up with none of the bank accounts and no mobile home. 

Based on what you've told us, your proposal to give him the mobile home and a deadline to have it moved sounds reasonable.  If you want to sweeten the deal, you can throw in paying the cost to have it removed.  I believe that will run about 1500 dollars.  To put pressure on him, you can make sure that he knows that if he doesn't take the deal that you are going to withdraw your offer if this goes to court.  This will give him something to lose if he wants to take it to court.  Of course, you may want to lay all your assets out to an attorney and ask how they thought a judge would split it in court before you be so bold with your STBX.  Whether you push the adultery issue or not will play into what a judge awards you or him.  Depending on what facts you know about the adultery issue will determine whether you should push it.  If you know the girl, you can certainly call her in to testify.  That might be enough to make him take what you offer more serious rather than to face cross examination about his affair. 

If you haven't, you may want to have someone give you an indepedent and professional appraisal of the mobile home just in case your STBX tries to say it isn't worth very much. 

[Roxturn]

Thank u for ur reply.  The property its on is n my dads name.  i make the paymeny on the property.  Can my dad evict him from property because he will not except offer of home & i feel he may distroy it knowing he cant afford to move it & he sure doesnt want to give it to me without paying him off & like u said a judge may not offer him either.

[CollegeDad]

I really don't know if your dad can throw up a "No Trespassing" sign and keep him off of the land.  I envision your dad standing next to the sign with a shotgun daring him to set foot on the land.  This is of course not the way to handle this.  The last thing you want to do is escalate your dispute with your STBX. 

Your dad might check with the local police department because that is who he's probably going to end up calling in the end to clear him off of the land.  And I don't know if the police department would enforce your dad's control of the land like that.  There may be some clause in the law about kicking a man out of his home. 

The reason I say this is because I'm a landlord and in the state of Alabama, tenants do have some rights.  I believe they can be allowed 2 weeks to vacate a residence.  After that, the Sheriff comes out and places their belongings on the curb.  In this case though, your dad is not really his landlord. 

But, if the police would enforce possession of the land, then you could force him to vacate the premises and go before a judge to order your dad to allow him to come remove the trailer if it rightfully belongs to him or if you've forfeited the trailer to him in the divorce settlement.