Before filing advice?

[donnae925]

What is the name of your state (MA)?

My husband has refused to work full time for 10 yrs. 10 yrs ago his inheritance money enabled us to purchase a home paid in full. Been married for 14 yrs. Now equity is just about wiped out. I put a freeze on it so no money can be touched buy both parties. He's flipping out calling me a thief in front of my children, it's getting ugly. I want to protect my children from being homeless. Do I seek legal advice before making a move. I'm on SSDI income, I contribute more money to the household than him. I don't want to lose the house, but he's the type if he's going down then he'll make sure I'm going down too. He doesn't think at all about what he's doing to the children. Where do I go for advice for my next step? I don't have much money for a lawyer?

 

[LdiJ]

What is the name of your state (MA)?

My husband has refused to work full time for 10 yrs. 10 yrs ago his inheritance money enabled us to purchase a home paid in full. Been married for 14 yrs. Now equity is just about wiped out. I put a freeze on it so no money can be touched buy both parties. He's flipping out calling me a thief in front of my children, it's getting ugly. I want to protect my children from being homeless. Do I seek legal advice before making a move. I'm on SSDI income, I contribute more money to the household than him. I don't want to lose the house, but he's the type if he's going down then he'll make sure I'm going down too. He doesn't think at all about what he's doing to the children. Where do I go for advice for my next step? I don't have much money for a lawyer?

You put a freeze on what? How is the equity wiped out if you purchased it free and clear?

 

[Bali Hai]

What is the name of your state (MA)?

My husband has refused to work full time for 10 yrs. 10 yrs ago his inheritance money enabled us to purchase a home paid in full. Been married for 14 yrs. Now equity is just about wiped out. I put a freeze on it so no money can be touched buy both parties. He's flipping out calling me a thief in front of my children, it's getting ugly. I want to protect my children from being homeless. Do I seek legal advice before making a move. I'm on SSDI income, I contribute more money to the household than him. I don't want to lose the house, but he's the type if he's going down then he'll make sure I'm going down too. He doesn't think at all about what he's doing to the children. Where do I go for advice for my next step? I don't have much money for a lawyer?

If your husband used his inheritance money to purchase the marital home free and clear, he gave you more than you were entitled to.

 

[mistoffolees]

What is the name of your state (MA)?

My husband has refused to work full time for 10 yrs. 10 yrs ago his inheritance money enabled us to purchase a home paid in full. Been married for 14 yrs. Now equity is just about wiped out. I put a freeze on it so no money can be touched buy both parties. He's flipping out calling me a thief in front of my children, it's getting ugly. I want to protect my children from being homeless. Do I seek legal advice before making a move. I'm on SSDI income, I contribute more money to the household than him. I don't want to lose the house, but he's the type if he's going down then he'll make sure I'm going down too. He doesn't think at all about what he's doing to the children. Where do I go for advice for my next step? I don't have much money for a lawyer?

Start by reading this forum.

There are a number of issues:

1. If the house was purchased free and clear from his inheritance, it's HIS house, not yours, in most cases.

2. How is the equity wiped out? Did you take out home equity loans up to the value of the home? Aside from the foolishness of this, the home equity loans are probably marital debt - so you 'own' half of the debt and none of the equity.

3. What did you put a freeze on? How?

Your entire post just doesn't make much sense. How about starting from scratch very clearly defining what you have in terms of assets and debt and whose name is on the title, mortgage, etc. Leave out all the name calling and other irrelevant stuff.

 

[donnae925]

A line of credit was available to use and interest payed on what was used. The house is worth 395,00. 125,00.00 has been used to pay household bills for 10 yrs. The bank won't approve anymore equity to be borrowed based on his income. So I put a freeze on the last 25,000.00. Credit cards are 15,000.00. Foreclosure is next. The house is in my name too and I have contributed all my SSDI money for 10 yrs. in this house. Does the children have any part in this? I figure he's got his share and he can't afford a place of his own and child support. I have no idea what the law is in this matter. I'm looking at this with the interest of the childrens living conditions next. They are 11yrs. and 13yrs.

 

[donnae925]

House is in My name and his name. The line of equity is also in My name and his name. Line of equity was based on value of home. Refused to work fulltime, but I figure the children should have some support from him like any other father.

 

[mistoffolees]

A line of credit was available to use and interest payed on what was used. The house is worth 395,00. 125,00.00 has been used to pay household bills for 10 yrs. The bank won't approve anymore equity to be borrowed based on his income. So I put a freeze on the last 25,000.00. Credit cards are 15,000.00. Foreclosure is next. The house is in my name too and I have contributed all my SSDI money for 10 yrs. in this house. Does the children have any part in this? I figure he's got his share and he can't afford a place of his own and child support. I have no idea what the law is in this matter. I'm looking at this with the interest of the childrens living conditions next. They are 11yrs. and 13yrs.

You start by doing some research. It's very simple to find information on the Internet. If you're planning divorce, you can see an attorney.

Your things still don't add up. The house is worth $395 K and you've borrowed $125 K on it - yet you're going to let it go to foreclosure?

Since your name on the title, he gave you half interest. You are therefore entitled to half of the equity (what remains after selling the house and paying off the debt if you divorce).

The answer is likely to be to sell the house and buy a smaller house with the equity (and STOP borrowing money you can't afford to repay) or move into an apartment. Of course, YOU have the option of getting a divorce and moving out.

The fact that there are children has no bearing on the issue of who owns the home. There's no way the court is going to give you a home that is basically his inheritance and which you can't afford simply because there are kids. You can also stop whining about him being 'lazy'. He chose a lifestyle and you chose to live with it. It's not anyone else's problem and no one is going to give you a break because you chose to live with and support him for years.

 

[Bali Hai]

House is in My name and his name. The line of equity is also in My name and his name. Line of equity was based on value of home. Refused to work fulltime, but I figure the children should have some support from him like any other father.

You supported your husband with your SSDI while he worked a part time job for the last ten years. You have responsibility in his behavior.

Do you expect that the court will order him to get a full time job and set child support based on an unrealistic income because he is "lazy"??

You "both" had shovels in your hands when your hole was dug.

 

[hmbttw2012]

wether you work full time is very vital

 

[mistoffolees]

wether you work full time is very vital

Not really. It will likely have little impact on the property division. MA is an equitable distribution state, so it COULD theoretically have an impact, but it's not likely to be a big one.

 

[LdiJ]

Not really. It will likely have little impact on the property division. MA is an equitable distribution state, so it COULD theoretically have an impact, but it's not likely to be a big one.

Particularly on the OP's side of things, since the OP is on SSDI.