Husband burns house so wife won't get it

txdon · May 3, 2004

Re: Husband burns house so wife won\'t get it

 "...or just deny the claim since the fire was a result of a spouse."

or, like one Insurance Company did in Houston, paid the wife half and paid nothing to the the suspect husband.

OK, OK, OK, this is my last post on this thread. /forums/images/graemlins/tongue.gif

Currmudgeon · May 3, 2004

Re: Husband burns house so wife won\'t get it

( (B) knowing that it is insured against damage or
destruction;
(C) knowing that it is subject to a mortgage or
other security interest;
(D) knowing that it is located on property
belonging to another;
(E) knowing that it has located within it
property belonging to another; or
(F) when the person is reckless about whether the
burning or explosion will endanger the life of some individual or
the safety of the property of another. )

Those first exceptions might get him off. F might nail him.

The kicker is that, since the divorce was not final, his wife owned half the home and half the land, so paragraph D might be enough to nail him.

In general, when in divorce proceedings, both parties are enjoined against dissipating the marital assets. So she might have him financially. Of course, if he has no assets, she's skunked.

Before my divorce proceedings were official, my attorney asked me, "How's your car?"

"It's a piece of crap."

"Buy a new one now."

I bought a new Explorer that night. Zero down. The ex couldn't touch it. If she took the car, she got the payments as well. The payments became a debt I was responsible for, and would have effected any payments I might have to make to her.

In the end, we pretty much split the pot 50/50.

Currmudgeon · May 3, 2004

Re: Husband burns house so wife won\'t get it

( To file charges on the home, the statue is for the "dwelling house" of another. Since it was his house.... And since there was no lien it was his and the wifes. )

Doesn't his wife count as "another"

Brian_Stephens · May 3, 2004

Re: Husband burns house so wife won\'t get it

I had a 2nd mortgage registered against the house just after I got married.... So when my wife said she wanted the house ( well her lawyer anyways). I was quick to agree... We'd sell the house and then split the $10,000 debt still owing on it...

For some reason she changed her mind pretty quickly...

Considering that my wife was responsible for my loosing 2 contract jobs during our 13 month marriage I think it was pretty smart of me staying unemployed from the day I told her to leave until the day after the separation agreement was signed... My lawyer included a no material change clause in it so she couldn't chase me after I started working... In the 10 years since the divorce I'll admit there have been days that I miss her (1 or two and then I sober up!) The new wife is a real gem but I may have to get rid of her too /forums/images/graemlins/frown.gif She wants a deere and has to have an MMM ... I'm looking at a CK20 and she can't have the MMM with a BH. /forums/images/graemlins/grin.gif.. If we get divorced it's kioti's fault.... /forums/images/graemlins/tongue.gif

dmccarty · May 4, 2004

Re: Husband burns house so wife won\'t get it

Currmudgenon,

The DA does not think that the wife counts as another.

The way the statute reads its aimed at me burning down YOUR house. Not me burning down my house. In NC what is mine is hers and vice versa. I'm sure that is somehow involved in the mix.

I did find a statute that sure looked like he could have been charged wth a lesser offense. Don't know why the DA did not use the charge. I would guess there is some case law in here trumping the statutes.

I don't hink he had much in the trailer from the pictures in the paper. It looked to be an older single wide. The early reports led me to believe that she had walked out or said she was and that no formal divorce papers had been served.

Later,
Dan

Currmudgeon · May 4, 2004

Re: Husband burns house so wife won\'t get it

( no formal divorce papers had been served. )

That probably makes a big difference. It's how I got my new Bored Extorter. Before you file, you're still both "as one" as far as the law is concerned.

She can still try to take him to the cleaners financially, but it sounds like she won't find much to clean.

8561 · May 5, 2004

Re: Husband burns house so wife won\'t get it

As far as the insurance goes, it depends state to state. In my state, we have an "innocent spouse" rule that allows the innocent half of the marriage to collect insurance in cases like this one. The only place coverage could be contested is for personal property that belongs only to the offending spouse. My guess is many states probably work that way.

chucko · May 6, 2004

Re: Husband burns house so wife won\'t get it

so I guess this too was not a good idea
+++++++++++++++++++++++++++++++++

HENDERSON, Texas (AP) — A man set up a bubble bath for his wife, complete with candles and music, then tried to electrocute her by pushing a radio into the tub, authorities say.

William Joseph Wolfe, a 34-year-old emergency room nurse, was arrested Thursday on charges of attempted murder and freed on $40,000 bail.

"This is a strange case," said Henderson Chief of Police Randy Freeman. "It's the kind of case you would expect to see on a 'Columbo' episode."

Teresa Wolfe told police her husband had moved the radio from its usual place in the bathroom to a bench near the bathtub, with an extension cord running into another room.

She said she caught the radio before it hit the water and threw it out of the way. She told police that her husband's reaction was "not normal," became suspicious and later discovered that he had visited Web sites on their home computer dealing with bathtub electrocution.

According to authorities, Wolfe bought a life insurance policy on his wife five months ago.

"Mr. Wolfe has been a very good employee," said Henderson Memorial Hospital Director of Human Resources Maria Stephens, "and we are shocked at what has happened."

Wolfe could get up to 20 years in prison and a $10,000 fine.