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divorce

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sara nettles

Junior Member
What is the name of your state? florida

I want to file for divorce...we being married for 20years do not have any kids
the house loan is in my name, but he is on property tax deed.....I want the house willing to divide the contents.he not willing to agree with a divorce..would like for him to move out but he want go.can I request him to move out at time of filing for divorce until is final
 


LdiJ

Senior Member
sara nettles said:
What is the name of your state? florida

I want to file for divorce...we being married for 20years do not have any kids
the house loan is in my name, but he is on property tax deed.....I want the house willing to divide the contents.he not willing to agree with a divorce..would like for him to move out but he want go.can I request him to move out at time of filing for divorce until is final
Do yourself a favor and hire an attorney. The house is going to be a somewhat complicated issue and you really need to have an attorney handling this for you.
 

Bali Hai

Senior Member
LdiJ said:
Do yourself a favor and hire an attorney. The house is going to be a somewhat complicated issue and you really need to have an attorney handling this for you.
What is complicated about the house if it's marital property?

The loan is already in her name and she simply pays him for his interest in the property. He then prepares a quit claim deed.

If she plays ball and comes up with some bucks, he may change his mind and not contest the divorce.

Wasting time haggling about marital possessions will only prolong things and her paramour will not be able to move in to the house as quickly.
 

nextwife

Senior Member
I agree that he is entitled to part of the property if he is also in title. If he is on the deed, he is a co-owner and does not have any less right to stay in the property than she does. A judge can order one or the other out. If she is on the mortgage alone, it would be easiest for her to buy him out, if she can come up with the cash. Otherwise a cash out refi can be done. He'd be an idiot to take the furnishings instead of his interest in the real estate. The house is likely the biggest asset.

What about your respective retirement plans? After 20 years, you each are entitled to share in whatever the marital accrual of each other's retirement accounts may be.

You do need a divorce attorney.
 
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