divorce settlement question

[trouble]

South Carolina

I have a question about a settlement. My husband I have been married for 11 years and we are now separating. The current house we live in is mortgaged through my grandmother and only my name is on the title/deed and we've been there for 5-6 years, do I still have to give him half? ANd he is refusing to move out until he get's half, do I have any recourse?

[LdiJ]

Originally Posted by trouble

South Carolina

I have a question about a settlement. My husband I have been married for 11 years and we are now separating. The current house we live in is mortgaged through my grandmother and only my name is on the title/deed and we've been there for 5-6 years, do I still have to give him half? ANd he is refusing to move out until he get's half, do I have any recourse?

The home was purchased during the marriage, so yes, he is probably entitled to half of the equity not half of the value of the home. However, that could change if the equity in the home was a gift to you from your grandmother. Get a consult with a local attorney.

[Ohiogal]

Originally Posted by trouble

South Carolina

I have a question about a settlement. My husband I have been married for 11 years and we are now separating. The current house we live in is mortgaged through my grandmother and only my name is on the title/deed and we've been there for 5-6 years, do I still have to give him half? ANd he is refusing to move out until he get's half, do I have any recourse?

What do you mean your home is mortgaged through your grandmother -- is her name the only one on the mortgage or does she hold the mortgage and YOU pay her the mortgage instead of a bank?
As Ldij said, most likely you will owe him half the equity. You can't force him to move out. Only a judge can issue an order requiring him to vacate the marital residence. So you need to petition for it. And if your grandmother is the mortgagor she cannot decide to kick him out nor can she decide to kick him out if she is the only one financially responsible for the mortgage -- which doesn't make sense.

[trouble]

I pay my grandmother instead of a bank. And thanks.

[LdiJ]

Originally Posted by trouble

I pay my grandmother instead of a bank. And thanks.

Ok....let me explain something...because you are leaving out information that may be important.

If your grandmother purchased the home for you and is selling it back to you via a contract purchase, then you probably owe him half of the equity since it was purchased during the marriage.

However, if the home is your grandmother's former home, and she sold it to you for less than fair market value, then she may have gifted you a portion of the equity in the home, and you may not owe him a full half. At that point you may only owe him half of what accrued after your grandmother made you the gift.

Again, get a consult with a local attorney and don't make him/her pull teeth to get information out of you...LOL.