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03-15-2007, 03:36 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 2
| | | Question about separation/home ownership?
What is the name of your state? Minnesota
My husband and I separated in Dec. He is now living in Hawaii. He has a long list of medical problems and is trying to get Hawaii state medical assistance. However, they consider that he has too much equity because of the home we own in Minnesota.
He now wants me to remove his name from the title and the mortgage. If I agree to this, will this free him from any responsibility, or does the fact that we are still married keep him legally tied to our home? |
03-15-2007, 03:43 PM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,781
| | | Most probably until you two are divorced you may have problems. The transfer to you may very well be deemed fraudulent and it is not that easy to sign off on a deed with an accompanying mortgage without refinancing. Separation papers showing the house was awarded to you may help him get state aid. May but not necessarily will. If he is removed from the mortgage he will not be obligated to pay the mortage but you will.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.
Licensed to practice law in Ohio and a Guardian Ad Litem for children
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03-15-2007, 04:12 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote:
Originally Posted by Ohiogal  Most probably until you two are divorced you may have problems. The transfer to you may very well be deemed fraudulent and it is not that easy to sign off on a deed with an accompanying mortgage without refinancing. Separation papers showing the house was awarded to you may help him get state aid. May but not necessarily will. If he is removed from the mortgage he will not be obligated to pay the mortage but you will. | What about alimony?? I don't like the fact that I have to carry this person with my tax dollars. The husband should be forced to petition the court for alimony pendente lite before social services lets him in the door. |
03-15-2007, 04:48 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 2
| | | Thank you, Ohiogal, for your advice. It is clear to me now that I need to go through the legal process instead of letting him pressure me to "jump the gun". He wants this done by next week. Yeah, right.
Bali Hai, I totally understand your feelings about not wanting to carry him with your tax dollars. I have a hard time with people who just want a free ride. This is part of why he and I are no longer together. Unfortunately, he has left me with 2 small children and a mountain of debt. I am barely making ends meet, and it is highly unlikely that a judge would award him alimony. |
03-15-2007, 07:21 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote:
Originally Posted by chelle8422 Thank you, Ohiogal, for your advice. It is clear to me now that I need to go through the legal process instead of letting him pressure me to "jump the gun". He wants this done by next week. Yeah, right.
Bali Hai, I totally understand your feelings about not wanting to carry him with your tax dollars. I have a hard time with people who just want a free ride. This is part of why he and I are no longer together. Unfortunately, he has left me with 2 small children and a mountain of debt. I am barely making ends meet, and it is highly unlikely that a judge would award him alimony. | Well your fiancial statements to the great state of Hawaii will confirm to what you attest.
What is unlikely or even highly unlikely in your mind what a judge would do will be found out only AFTER your day in court. | |
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