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Property division question

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gabarb

Junior Member
What is the name of your state? GA

My husband and I have been married for 23 years and separated for10 months -- nothing legal, just living separately, he pays his bills (not really), and I pay mine. He was cheating on me, and I threw him out of the house we bought 10 years ago. For the last 4 years, I have been the primary bread winner. He lost his good paying job of 20 yrs & was never able to return to a decent paying job (i.e., he makes about 50% of what he used to make). Prior to him losing his job, we lived comfortably in part due to several years of substantial 401k withdrawals from MY 401k (at least $75k withdrawn).

My question is this: My husband has just called out of the blue wanting me to fax a letter to someone stating that I am paying all of the mortgage payments, and send copies of cancelled checks to prove the same, and provide him with copies of his 2006 w-2 forms. All this in order for him to buy 2 1/2 acres of land with a trailer on it. He is currently renting a duplex for $600/mth, & states that this will cost him about $400/mth & it is the only way he can pay all of his bills & keep up without a roommate or living in the projects.

I told him that I wanted him to sign something stating that he had no claim to the house. He has verbally agreed. I need some guidance to know if this is even legal & binding. Basically, I want the equity in the house & want to make sure that I'm not falling into a trap by him, and that he would not later be able to try to claim part of the equity.

I know some of you will say that he is due some equity, but there are alot of other issues, such as debts I have taken on, and dependent children in college for which he is not helping on at all!

I just want to make sure the paper he signs will be legal & binding, that he is not entitled to any equity in the house.

Your input is very much appreciated!!!
 


LdiJ

Senior Member
If you want to be certain that you are doing it right, then pay an attorney to handle the matter.

However, honestly you should be refinancing the house to remove his name from the mortage, and he should be signing a quit claim deed at the same time.

Again, it would be wisest to get an attorney involved.
 

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