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  #1  
Old 12-17-2005, 09:17 PM
Junior Member
 
Join Date: Dec 2005
Posts: 10

Divorce-Please help, Advise!


What is the name of your state?What is the name of your state? Coeur d' Alene, Idaho

Hi, my name is Danette. I would like to ask some questions from FreeAdvice Forum.

I would like to ask how to remove my ex-spouse from escrows, and stocks and my name removed from the house loan mortage? I would like to build my own house. I want my name out of the mortgage loan.

Can a Judge force me to evict me before my name is removed from the loan from the house?

Can the Judge force me to transfer a deed to my ex-spouse before their able to get a loan from a bank or my name out of the mortgage?

What happen if my ex-spouse can't refiance the house in their name? Would the house be put to sale?

Can your ex-spouse get in trouble for lieing while under oath in court? What are the consequences?

Thank-you,

Danette
  #2  
Old 12-17-2005, 09:35 PM
Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 546
Quote:
Originally Posted by danny5
What is the name of your state?What is the name of your state? Coeur d' Alene, Idaho

Hi, my name is Danette. I would like to ask some questions from FreeAdvice Forum.

I would like to ask how to remove my ex-spouse from escrows, and stocks and my name removed from the house loan mortage? I would like to build my own house. I want my name out of the mortgage loan.

Get a lawyer to protect your interest and make sure your ex upholds their legal responsibilities from the divorce.

Can a Judge force me to evict me before my name is removed from the loan from the house?

Yes they can, however again you need a lawyer to protect your interest. Until your ex refinances the house and gets a mortgage in only their name you are still responsible for the loan. Which means if they default you can kiss away your credit rating and that house you want to build.

Can the Judge force me to transfer a deed to my ex-spouse before their able to get a loan from a bank or my name out of the mortgage?

Get a lawyer.

What happen if my ex-spouse can't refiance the house in their name? Would the house be put to sale?

Ensure that a stipulation is put in your divorce saying that your ex must obtain financing in their name only for the house releasing you from responsibility. Then if you ex doesn't follow the order file contempt charges.

Can your ex-spouse get in trouble for lieing while under oath in court? What are the consequences?

Yes, that's considered purjury however it can be hard to prove and is very time consuming at times to prove. Better save that until your ex is burying themself under a mountain of lies.

Thank-you,

Danette
You really need to find a lawyer to assist you and make sure that your best interest are looked out for. Your ex could destroy your credit very badly, which can effect you for years. The expense of a lawyer, could save you thousands if your credit is saved.
  #3  
Old 12-18-2005, 03:48 AM
Senior Member
 
Join Date: May 2004
Posts: 41,421
Quote:
Originally Posted by danny5
What is the name of your state?What is the name of your state? Coeur d' Alene, Idaho

Hi, my name is Danette. I would like to ask some questions from FreeAdvice Forum.

I would like to ask how to remove my ex-spouse from escrows, and stocks and my name removed from the house loan mortage? I would like to build my own house. I want my name out of the mortgage loan.

Can a Judge force me to evict me before my name is removed from the loan from the house?

Can the Judge force me to transfer a deed to my ex-spouse before their able to get a loan from a bank or my name out of the mortgage?

What happen if my ex-spouse can't refiance the house in their name? Would the house be put to sale?

Can your ex-spouse get in trouble for lieing while under oath in court? What are the consequences?

Thank-you,

Danette
I have to echo what the other poster told you. You really need an attorney.

However I will add a couple of items. No, the judge won't force you to transfer the deed to your ex prior to your ex-refinancing the loan. Yes, if your ex is unable to refinance its likely the the judge would order the home to be sold.
  #4  
Old 12-18-2005, 03:56 PM
Junior Member
 
Join Date: Dec 2005
Posts: 10

Social Security from Danette


My state is Coeur d'Alene, Idaho

Hi, Thank-you for responding to my questions as soon as possible. I really appreciate it.

I would like to ask you a couple of questions?

1.My husband has worked full time for many years and makes very good money. His social security will be about $1,970.00 per month. I have not worked much and my social security will be about $750.00 per month.

Can the Judge adjust my lower social security income from the sell of the home or other properities.

I live in Idaho and I need case law that will help if this possible to adjust my lower social security income.


2.Should I sign a quick claim deed for our home over to my ex-husband before he gets the loans out of my name. The home and loans are in both our names.

Thank-you,
Danette
  #5  
Old 12-18-2005, 05:34 PM
Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 546
Quote:
Originally Posted by danny5
My state is Coeur d'Alene, Idaho

Hi, Thank-you for responding to my questions as soon as possible. I really appreciate it.

I would like to ask you a couple of questions?

1.My husband has worked full time for many years and makes very good money. His social security will be about $1,970.00 per month. I have not worked much and my social security will be about $750.00 per month.

Can the Judge adjust my lower social security income from the sell of the home or other properities.

I live in Idaho and I need case law that will help if this possible to adjust my lower social security income.


2.Should I sign a quick claim deed for our home over to my ex-husband before he gets the loans out of my name. The home and loans are in both our names.

Thank-you,
Danette

Do not be dumb and sign that deed until your name is completely released from all financial obliation. Do not do anything until you speak to a lawyer, they will usually give free consults, if you don't at least speak to a lawyer you can pretty much say your screwed. Be smart and protect yourself.
  #6  
Old 12-18-2005, 09:56 PM
Junior Member
 
Join Date: Dec 2005
Posts: 10

Reply to S.S. & Quick claim deed from Danette


Hi, yes, thank-you for answering my questions.
I will follow your advise and seek an attorney.

My ex-spouse work for the state as a teacher full-time for 30 yrs. full-time. Ex-spouse social security will be about $1,970.00 per month.

I, on the other, I'm an engineer in IT-Info. Tech. My degree is in Computer Science. I worked in public for a while but decided. I wanted to work on my own, which I really like, own rental properities, and real estate for 25 yrs. I have worked but not paid into social security. My social security will be about $750.00 per month.

I am really analytical and creative. I have built a house that is a business bed and breakfast. However, since I didn't pay social security. The house was my investment and my retirement.Can the Judge adjust my lower social security income from the sell of the home or other properities to compensate for my lower social security..

If that is possible, I live in Idaho and I need case law that will help me to adjust my lower social security income.


Again, Thank-you,
Danette
  #7  
Old 12-18-2005, 10:18 PM
Senior Member
 
Join Date: May 2004
Posts: 41,421
Quote:
Originally Posted by danny5
Hi, yes, thank-you for answering my questions.
I will follow your advise and seek an attorney.

My ex-spouse work for the state as a teacher full-time for 30 yrs. full-time. Ex-spouse social security will be about $1,970.00 per month.

I, on the other, I'm an engineer in IT-Info. Tech. My degree is in Computer Science. I worked in public for a while but decided. I wanted to work on my own, which I really like, own rental properities, and real estate for 25 yrs. I have worked but not paid into social security. My social security will be about $750.00 per month.

I am really analytical and creative. I have built a house that is a business bed and breakfast. However, since I didn't pay social security. The house was my investment and my retirement.Can the Judge adjust my lower social security income from the sell of the home or other properities to compensate for my lower social security..

If that is possible, I live in Idaho and I need case law that will help me to adjust my lower social security income.


Again, Thank-you,
Danette
Well...that depends on many factors...all of which mean that you need help from not only a good divorce attorney, but a good accountant/tax attorney as well.

If you didn't pay Social Security taxes on the income from your bed and breakfast you actually got bad tax advice....or rather good current tax advice, but bad long term tax advice. If your husband was involved in that decision making you might have a reasonable argument for spousal support/alimony. If not, you may have a problem. You absolutely need professional respresentation.
  #8  
Old 12-19-2005, 10:38 PM
Junior Member
 
Join Date: Dec 2005
Posts: 10

Web-site & Book from Danette


I see...thanks!

How does this web-site work? Is anybody else is going to write me some advise? Is this private or public?
What is an echo?

Do you have any web-site or books. I can check to find more information?

I would appreciate it.

Danette
  #9  
Old 12-20-2005, 12:47 AM
Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 546
Quote:
Originally Posted by danny5
I see...thanks!

How does this web-site work? Is anybody else is going to write me some advise? Is this private or public?
What is an echo?

Do you have any web-site or books. I can check to find more information?

I would appreciate it.

Danette
Your best thing to do is to start looking up specific laws for your state. Try to also look up some case law that matches your case and circumstances for your state as case law to give you ideas about exactly how judges in your area rule on the issues you have in your divorce.
  #10  
Old 12-22-2005, 05:45 AM
Member
 
Join Date: Aug 2003
Posts: 610
Quote:
Originally Posted by danny5
What is an echo?
"HELLO!!!"..."HELLo!!"..."HELlo!"..."HEllo"..."Hello"..."hello"...etc.
  #11  
Old 12-23-2005, 01:05 PM
Junior Member
 
Join Date: Dec 2005
Posts: 10

Echo, & Hello! from Danny


Hi, okay, I get the echo, echo, echo, and hello, hello, hello!

Thanks,

Danette/Danny

P.S. Have lawyer! If you think of anything else. Just give more advise.
  #12  
Old 12-25-2005, 12:50 AM
Junior Member
 
Join Date: Dec 2005
Posts: 10

Civil Suit/Perjury from Danette


State: Idaho

Can you file a civil suit against the person that has commited perjury while under oath in a previous trial?

Thank-you,
Dannette

Last edited by danny5; 12-25-2005 at 05:23 AM.
  #13  
Old 12-25-2005, 02:08 PM
Senior Member
 
Join Date: Nov 2005
Posts: 4,251
Quote:
Originally Posted by danny5
Hi, okay, I get the echo, echo, echo, and hello, hello, hello!

Thanks,

Danette/Danny

P.S. Have lawyer! If you think of anything else. Just give more advise.

Based on what I've read from from your posts, your lawyer is as worthless as tits on a bore hog.

Consider getting competent legal representation.
  #14  
Old 12-27-2005, 11:56 AM
Junior Member
 
Join Date: Dec 2005
Posts: 10

Lawyer from Danette


Hi, I agree, can I fire my lawyer and represent the case myself everything is pretty much over. I just need to have signatures on escrows, stock, investments, etc. out of my ex-spouse name.

Thanks,

D
  #15  
Old 12-27-2005, 12:10 PM
Junior Member
 
Join Date: Dec 2005
Posts: 10

No Debt from Danette


Hi, I got the $$$ no debt!lost home.
D
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