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Old 09-21-2008, 02:46 PM
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Join Date: Sep 2008
Posts: 1
Angry

A lot to deal with in short time


What is the name of your state (only U.S. law)? IL
I recently discovered my husband has been having an affair (5mos or so). We have had difficulties due to his drinking but I hung in there with him, driving him to and from work. By the way, he has been in jail 4 times since due to DUI and he is constantly pauing a lawyer. He has a case coming in 2 weeks and the Judge wants wifey to give her opinion. At this point, I am sure he does not want me there. I am sure I will damage him if I decide to go to court. I can't deal with adultery, so I am seeking a divorce. He makes @ $100,000and I make $30,000. He pays the bills and I just found out that he had not paid mortgage in 30days. I can't afford it. Everything we have we purchased since marriage (5.5 years). 2new cars, boat, classic car, newly built home and of course our DOG(both our baby). NO CHILDREN. He has left the home and I have no ideal how I am going to pay all the bils, especially mortgage. I also found out there was lien on our house $40,000 due to back child support from him. I think I am screwed, anybody have any suggestions? Right now I am in so much pain.
Thanks JL
  #2  
Old 09-21-2008, 03:08 PM
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Join Date: Jan 2003
Posts: 19,148
Whose names are on the various loans?

I suggest starting with a spreadsheet and a realistic assessment of the home and auto values to determine what equity exists in all the assets. My bet is you and he have been living on credit and there isn't much to fight over, other than dispensing with debt. But you need to know what's owed against what it is worth and what debt you and he will be splitting if you don't unload the house and cars.

If there is equity, get him to agree to put the house on the market NOW, at a "30 day price" so you can rescue any equity and sell before the loan is referred to the lender's attorney, which is often between 90 and 140 days of delinquency. It is also POSSIBLE to sell even if here is not sufficient equity to entirely pay the CS lien, as many lienholders will agree to take what they can get and release the real estate from their debt rather than hold out for the whole shebang and see themselves get foreclosed out.
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Last edited by nextwife; 09-21-2008 at 03:11 PM.
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