Property Settlement

[nythng4mygrl]

What is the name of your state (only U.S. law)? Louisiana

I am in the middle of property settlement that has been going on for years now. Here is the situation. Ex husband purchased a home prior to our marriage in his name in 1993. We married in 1999. In 2003 he had that home re-financed in my name. In 2004, I purchased a home in my name only. We divorced in 2004.

Am I entitled to half of his house that was re-financed in my name? He would like for me to give him $20,000 in order for me to keep my house. He has been physically violent in front of our daughter and has damaged the house which estimates to be around $5000.

Will a judge usually just divide the house 50/50? He has never worked, I bought the house with my money, and supported this family for the last 10 years. Can I just ask that he walk away, and call it even given his history of domestic violence that is on record? Maybe consider it pain & suffering, and mental anguish?? All I have is my girl and my beautiful house that I pay for. He has since moved into the other house was that was re-financed in my name. Any friendly advice?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Louisiana

I am in the middle of property settlement that has been going on for years now. Here is the situation. Ex husband purchased a home prior to our marriage in his name in 1993. We married in 1999. In 2003 he had that home re-financed in my name. In 2004, I purchased a home in my name only. We divorced in 2004.

Am I entitled to half of his house that was re-financed in my name? He would like for me to give him $20,000 in order for me to keep my house. He has been physically violent in front of our daughter and has damaged the house which estimates to be around $5000.

Will a judge usually just divide the house 50/50? He has never worked, I bought the house with my money, and supported this family for the last 10 years. Can I just ask that he walk away, and call it even given his history of domestic violence that is on record? Maybe consider it pain & suffering, and mental anguish?? All I have is my girl and my beautiful house that I pay for. He has since moved into the other house was that was re-financed in my name. Any friendly advice?

"My girl" is also his daughter. you are stuck with this man for life. You are entitled to half the equity that accrued during the marriage that is in the home. He is also entitled to half the equity that is in your home. Doesn't matter that he never worked except for the fact that you may owe him spousal support. What kind of record does he have? Was he CONVICTED?

 

[nythng4mygrl]

I didn't mean to upset you Ohiogal. By saying my girl, it is because he is not involved with her and it is just the two of us all of the time. I will be more careful when in the forum of how I use her, but what I meant was that she is all I have and our house.

Does this mean that I am entitled to half of his house that was refinanced in my name during our marriage?

I dropped charges on him because in this state both parties must be arrested when domestic violence occurs, and the thought of being confined to 4 walls makes me ill. The judge is well aware of our disputes, and puts him on the spot when we return to court. We have different judges for property settlement and for child custody, because the property is outside of the city limits where I currently reside.

I was just wondering if the judge HAS to order 50/50 on property, or is it at his discretion? If I am entitled to half of the other house, I would just like for him to walk away and he keep his house, while I keep mine. No chance?

 

[LdiJ]

I didn't mean to upset you Ohiogal. By saying my girl, it is because he is not involved with her and it is just the two of us all of the time. I will be more careful when in the forum of how I use her, but what I meant was that she is all I have and our house.

Does this mean that I am entitled to half of his house that was refinanced in my name during our marriage?

I dropped charges on him because in this state both parties must be arrested when domestic violence occurs, and the thought of being confined to 4 walls makes me ill. The judge is well aware of our disputes, and puts him on the spot when we return to court. We have different judges for property settlement and for child custody, because the property is outside of the city limits where I currently reside.

I was just wondering if the judge HAS to order 50/50 on property, or is it at his discretion? If I am entitled to half of the other house, I would just like for him to walk away and he keep his house, while I keep mine. No chance?

OG missed something when she gave you her answer. She missed that the divorce was final in 2004 and that is when you bought your current house. She missed the fact that only your property settlement is still outstanding.

Therefore he is not entitled to 1/2 of the equity in your current home. That is your separate property. However, you are entitled to 1/2 of the equity in the other home, that accrued during the marriage, depending on who has been paying the mortgage since you divorced.

Now, you said that he has never worked. Therefore, how is the mortgage on that home being paid? How is he going to be able to refinance that mortgage into his own name, in order to be able to keep the house?

 

[nythng4mygrl]

Thank you LdiJ. I purchased my home in Feb 2004, we separated in mid 2004, and were divorced by November 2004. As for him paying on his mortgage, I don't know how he is going to pay it, but the home is still in my name as well. Where does that leave me? If he defaults, am I responsible? His name is nowhere on my paperwork for the home that I purchased. We have not settled any property as of yet. He moved out in March 2004 and never returned. I am paying both mortgages currently on both homes, which is clearly why I want him to just walk away instead of having me hand him over money to buy him out.

 

[seniorjudge]

OG missed something when she gave you her answer. She missed that the divorce was final in 2004 and that is when you bought your current house. She missed the fact that only your property settlement is still outstanding.

Therefore he is not entitled to 1/2 of the equity in your current home. That is your separate property. However, you are entitled to 1/2 of the equity in the other home, that accrued during the marriage, depending on who has been paying the mortgage since you divorced.

Now, you said that he has never worked. Therefore, how is the mortgage on that home being paid? How is he going to be able to refinance that mortgage into his own name, in order to be able to keep the house?

You cannot possibly say this is separate property without a lot more facts.

Thank you LdiJ. I purchased my home in Feb 2004, we separated in mid 2004, and were divorced by November 2004. As for him paying on his mortgage, I don't know how he is going to pay it, but the home is still in my name as well. Where does that leave me? If he defaults, am I responsible? His name is nowhere on my paperwork for the home that I purchased. We have not settled any property as of yet. He moved out in March 2004 and never returned. I am paying both mortgages currently on both homes, which is clearly why I want him to just walk away instead of having me hand him over money to buy him out.

 

[Farfalla]

Thank you LdiJ. I purchased my home in Feb 2004, we separated in mid 2004, and were divorced by November 2004. As for him paying on his mortgage, I don't know how he is going to pay it, but the home is still in my name as well. Where does that leave me? If he defaults, am I responsible? His name is nowhere on my paperwork for the home that I purchased. We have not settled any property as of yet. He moved out in March 2004 and never returned. I am paying both mortgages currently on both homes, which is clearly why I want him to just walk away instead of having me hand him over money to buy him out.

Unless you plan to pay his mortgage forever, it might be wise to either have him refinance the house in his name if he can (sounds like he cannot). You you just sell the house and split the proceeds.

 

[LdiJ]

You cannot possibly say this is separate property without a lot more facts.

They separated at basically the same time that the house was purchased. Unless she put down a very significant down payment, so little of that house could be marital property, as to be negligible. Remember, they have been divorced since 2004.

 

[LdiJ]

Thank you LdiJ. I purchased my home in Feb 2004, we separated in mid 2004, and were divorced by November 2004. As for him paying on his mortgage, I don't know how he is going to pay it, but the home is still in my name as well. Where does that leave me? If he defaults, am I responsible? His name is nowhere on my paperwork for the home that I purchased. We have not settled any property as of yet. He moved out in March 2004 and never returned. I am paying both mortgages currently on both homes, which is clearly why I want him to just walk away instead of having me hand him over money to buy him out.

Obviously the first house needs to be sold and the proceeds split. If he can't refinance to buy you out of your share of the equity, there is no other choice.