Advice

[tmmay]

What is the name of your state? NH
My husband and I have agreed to separate/divorce, nicely. He has alot of large debt, his not ours, he is a FT student on the VA ticket and works 20 hours a week. We have 2 kids and I am the one that has been providing and managing the bills for almost a year with minimal amount from him. He has not been helping with the mortgage or any other expenses. I know normally one would buy the other out when it came to the house, but if he hasn't been contributing $$ wise for almost a year, do I still need to buy him out?

I am also concerned that because some of his debtors are threathening to attach a lien to the house because of lack of payment, is there anyway to prevent this, or do they would proceed until I am sole owner?

I have looked into attorneys in my area, but because I am the only one contributing money wise, I can't affort the retainers, but I am afraid his debt could make us loose it all and I don't want to move my children from the only home they have known, when I can afford to maintain it without that debt.

Any advise would be so appreciated. Thanks

[seniorjudge]

Q: I know normally one would buy the other out when it came to the house, but if he hasn't been contributing $$ wise for almost a year, do I still need to buy him out?

A: How is your real estate titled?



Q: I am also concerned that because some of his debtors are threathening to attach a lien to the house because of lack of payment, is there anyway to prevent this, or do they would proceed until I am sole owner?

A: You need to hire a lawyer (obviously); the first thing you should ask is whether a judgment against him alone will affect jointly owned real estate.



Q: I have looked into attorneys in my area, but because I am the only one contributing money wise, I can't affort the retainers, but I am afraid his debt could make us loose it all and I don't want to move my children from the only home they have known, when I can afford to maintain it without that debt.

A: Keep looking; find a young attorney (female preferably) who needs business and work out a payment plan.

[tmmay]

The real estate is in both our names, we were considering refinancing recently and because my credit is better I will be the first on the mortgage.

[nextwife]

Originally Posted by seniorjudge

Q: I am also concerned that because some of his debtors are threathening to attach a lien to the house because of lack of payment, is there anyway to prevent this, or do they would proceed until I am sole owner?

A: You need to hire a lawyer (obviously); the first thing you should ask is whether a judgment against him alone will affect jointly owned real estate.

YES, a docketed judgement attaches to ANY real estate for which his name is on title. The names on the mortgage would be irrelevant. It is who is IN TITLE that matters. And being jointly titled does not insulate you - the matter attaches to the RE if filed in the same county as the RE..

[seniorjudge]

Originally Posted by nextwife

YES, a docketed judgement attaches to ANY real estate for which his name is on title. The names on the mortgage would be irrelevant. It is who is IN TITLE that matters. And being jointly titled has no bearing on whether the matter attaches to the RE.

I didn't say anything about mortgages. Also, are you sure this is the real estate law on marital property held by husband and wife (either jointly or as tenants by the entirety) in New Hampshire?

[nextwife]

Originally Posted by tmmay

The real estate is in both our names, we were considering refinancing recently and because my credit is better I will be the first on the mortgage.

The mortgage statement was in response to the OPs post stating that she would be "first" on the mortgage that appeared subsequent to your post.