Advice Please

[miagurl]

What is the name of your state (only U.S. law)? FL


Ok, so here is my question.I'm in the process of going thru a divorce with my husband of almost 18 years of marriage.I'm the one who filed for the divorce,For reasons of Domestic Violence, that he commited on me.I have a restraining order in place on him.My question is this, I was granted full exlusive use of the house on the restraining order,and I have been the one paying the Mortgage payment for the last year.My problem/question is when we bought this house,the Loan was only put in His name, But the Deed is in Both our names.Right now he is know were to be found, I need to know if once the Divorce is final, can he come and kick me out of the house if I'm still paying the mortgage note?There is so much more to this, but I wanted to try and keep it some what short.My main concern right now is about the House situation?

Thanks in advance for any advice. Mia

[mistoffolees]

Originally Posted by miagurl

What is the name of your state (only U.S. law)? FL


Ok, so here is my question.I'm in the process of going thru a divorce with my husband of almost 18 years of marriage.I'm the one who filed for the divorce,For reasons of Domestic Violence, that he commited on me.I have a restraining order in place on him.My question is this, I was granted full exlusive use of the house on the restraining order,and I have been the one paying the Mortgage payment for the last year.My problem/question is when we bought this house,the Loan was only put in His name, But the Deed is in Both our names.Right now he is know were to be found, I need to know if once the Divorce is final, can he come and kick me out of the house if I'm still paying the mortgage note?There is so much more to this, but I wanted to try and keep it some what short.My main concern right now is about the House situation?

Thanks in advance for any advice. Mia

During the divorce process, you will work out division of property. If the court awards you the house, then he can not kick you out, but you will almost certainly have to give him his half of the equity. If, OTOH, he gets the house, he will have to buy our your share of the equity in one way or another and you will have to leave.

In addition, he may ask that you refinance the mortgage in your name to remove his liability. If you have sufficient income and equity in the home to do so, there won't be a problem. If you are unable to refinance in your name, you will either have to get him to agree (via the court) to leave the mortgage in his name OR you will have to sell the house.

[LdiJ]

Originally Posted by miagurl

What is the name of your state (only U.S. law)? FL


Ok, so here is my question.I'm in the process of going thru a divorce with my husband of almost 18 years of marriage.I'm the one who filed for the divorce,For reasons of Domestic Violence, that he commited on me.I have a restraining order in place on him.My question is this, I was granted full exlusive use of the house on the restraining order,and I have been the one paying the Mortgage payment for the last year.My problem/question is when we bought this house,the Loan was only put in His name, But the Deed is in Both our names.Right now he is know were to be found, I need to know if once the Divorce is final, can he come and kick me out of the house if I'm still paying the mortgage note?There is so much more to this, but I wanted to try and keep it some what short.My main concern right now is about the House situation?

Thanks in advance for any advice. Mia

Just FYI, the fact that he is the only one on the mortgage does not give him any superior rights to the home. You are both on the deed, therefore you both equally own the house. The divorce also will not make the restraining order go away either. However it will eventually expire.

As the other poster said, the disposition of the house has to be handled through the divorce. If you do not have an attorney, I would honestly recommend that you get one.

[Bali Hai]

Originally Posted by mistoffolees

During the divorce process, you will work out division of property. If the court awards you the house, then he can not kick you out, but you will almost certainly have to give him his half of the equity. If, OTOH, he gets the house, he will have to buy our your share of the equity in one way or another and you will have to leave.

In addition, he may ask that you refinance the mortgage in your name to remove his liability. If you have sufficient income and equity in the home to do so, there won't be a problem. If you are unable to refinance in your name, you will either have to get him to agree (via the court) to leave the mortgage in his name OR you will have to sell the house.

I see you have digressed and put your woman pants back on!!

"Almost certainly have to give him his half of the equity"??

You were much more emphatic in another thread, where the poster was a woman, that 50% of marital assets belonged to each spouse as provided by law!!

You know, and I know, and eveyone else reading these forums should be aware that court's are NOT required to split marital assets 50/50 in most ALL cases, but rather can say, "one for you, two for her, two for you, four for her, etc.

And btw, I have never posted anything to suggest that men or women for that matter were not financially obligated to support their children.

[mistoffolees]

Originally Posted by Bali Hai

I see you have digressed and put your woman pants back on!!

"Almost certainly have to give him his half of the equity"??

You were much more emphatic in another thread, where the poster was a woman, that 50% of marital assets belonged to each spouse as provided by law!!

That is not correct. In many states, the judge can deviate from 50:50 if there is good reason. For example, in cases where there is adultery, it is common for the judge to deviate from 50:50. It is correct to say that 50% of assets belong to each spouse, but the judge can deviate from that when dividing them.

BTW, either you got 50% of your assets (which completely negates all your whining) or you already know that the judge has discretion to deviate when justified and you're making a fool of yourself by attacking me for pointing out that fact.

So which is it?

[LdiJ]

Originally Posted by mistoffolees

That is not correct. In many states, the judge can deviate from 50:50 if there is good reason. For example, in cases where there is adultery, it is common for the judge to deviate from 50:50. It is correct to say that 50% of assets belong to each spouse, but the judge can deviate from that when dividing them.

BTW, either you got 50% of your assets (which completely negates all your whining) or you already know that the judge has discretion to deviate when justified and you're making a fool of yourself by attacking me for pointing out that fact.

So which is it?

He thought he should get 100% since she didn't work and contribute to the purchasing of the assets.

[LdiJ]

Originally Posted by Bali Hai

I see you have digressed and put your woman pants back on!!

"Almost certainly have to give him his half of the equity"??

You were much more emphatic in another thread, where the poster was a woman, that 50% of marital assets belonged to each spouse as provided by law!!

You know, and I know, and eveyone else reading these forums should be aware that court's are NOT required to split marital assets 50/50 in most ALL cases, but rather can say, "one for you, two for her, two for you, four for her, etc.

And btw, I have never posted anything to suggest that men or women for that matter were not financially obligated to support their children.

I agree with the last line, that I bolded. You have always been clear that parents should support their children.

[Bali Hai]

Originally Posted by mistoffolees

That is not correct. In many states, the judge can deviate from 50:50 if there is good reason. For example, in cases where there is adultery, it is common for the judge to deviate from 50:50. It is correct to say that 50% of assets belong to each spouse, but the judge can deviate from that when dividing them.

BTW, either you got 50% of your assets (which completely negates all your whining) or you already know that the judge has discretion to deviate when justified and you're making a fool of yourself by attacking me for pointing out that fact.

So which is it?

You conveniently left out another choice mistiferanne.

The women libbers got the "equitable distribution" laws put on the books to give judge's the discretion to favor them in property settlements.

I'm in favor of taking that discretion (abused by one-way, women favoring judges) and just split the property 50/50 in ALL cases.

Just because a judge excersizes that discretion does NOT mean that it's "justified" as you try purport!!

You just won't give up and conceed the fact that judges favor women in divorce cases and discriminate against men by doing so. That's because you're either a judge or just plain ignorant and stupid!!

Furthermore, I'm in favor of taking ALL discretion away from the courts and establishing guidelines for EVERYTHING except where a judge is asked to consider alimony. In that case, there would be a jury trial.

[mistoffolees]

Originally Posted by Bali Hai

You conveniently left out another choice mistiferanne.

The women libbers got the "equitable distribution" laws put on the books to give judge's the discretion to favor them in property settlements.

I'm in favor of taking that discretion (abused by one-way, women favoring judges) and just split the property 50/50 in ALL cases.

Just because a judge excersizes that discretion does NOT mean that it's "justified" as you try purport!!

You just won't give up and conceed the fact that judges favor women in divorce cases and discriminate against men by doing so. That's because you're either a judge or just plain ignorant and stupid!!

Furthermore, I'm in favor of taking ALL discretion away from the courts and establishing guidelines for EVERYTHING except where a judge is asked to consider alimony. In that case, there would be a jury trial.

I'm looking for any evidence at all to back up your position - and somehow you seem to have forgotten that.

Feel free to provide evidence that judges favor women in divorce cases and discriminate against men. And, no, your anecdotal whining is not evidence.

[Bali Hai]

Originally Posted by mistoffolees

I'm looking for any evidence at all to back up your position - and somehow you seem to have forgotten that.

Feel free to provide evidence that judges favor women in divorce cases and discriminate against men. And, no, your anecdotal whining is not evidence.

Just ask any divorced man who has the guts to tell you the truth bonehead!!

[mistoffolees]

Originally Posted by Bali Hai

Just ask any divorced man who has the guts to tell you the truth bonehead!!

Your inability to discuss anything rationally without endless personal attacks is noted.

Your inability to provide any evidence is also noted. BTW, there was a study done several years ago encompassing around 10 states and they found that over 90% of divorced people (both genders) were satisfied with the outcome. So much for your allegations that all divorced men feel that they were cheated.

[Bali Hai]

Originally Posted by mistoffolees

Your inability to discuss anything rationally without endless personal attacks is noted.

Your inability to provide any evidence is also noted. BTW, there was a study done several years ago encompassing around 10 states and they found that over 90% of divorced people (both genders) were satisfied with the outcome. So much for your allegations that all divorced men feel that they were cheated.

Those are quite impressive statistics. I didn't realize Disney World was extablished in 10 states. Were these US states?

Furthermore, I qualified my argument with "men who will tell you the truth".