What is the name of your state?AZ
Ok this is a little long so bear with me.
My wife and I have decided to divorce after 9 years and are currently separated, not legally. I agreed to move.
Last Nov 2004 we put 10K of our home equity line of credit down on a new house as an investment. Well in Nov 2005 it closed and I moved in, and she stayed in the old house. We paid 304K for the new house and it is now worth 440K, and I owe around 290K. The loan is in my name and she is on the deed. She wouldn't let the closing go through if she wasn't on the deed. Ok that is the first thing.
Our old house where she is we owe about 222K, but its worth 430K. I help make payments on that house by working 3 jobs.
I realized there is no way I can make enough to keep both houses, and want to sell the one I am in, and use the money to buy a cheaper house realatively close for the Kids sake. I told her if I kept the money from the sale of the new house to buy myself a house I would help her refiance the old house and sign a quit claim deed and that house would be hers. She does not think that is fair since some of the equity in our old house was used to buy the new house and I should pay it back to her. Basically she has about 200K in equity in her house while I only have 150K.
She is also a realtor(not very good) so I told her she could be my agent to buy and get the 3% commission to help her out. I paid for her real estate school and could basically say I get 1/2 of the 3% but I do not want to do that.
Can I go ahead and try and do the purchase or get soomething in writing. I know if we go to a judge with this unresolved they will say sell both houses and split the proceeds 50/50. I fell I keep bending and being accomodating while she keeps wanting more because she is not making enough at her job to pay bills. She is quite capeable of getting a better job or a second job just like I have had to.
Finally, we share the kids pretty much 50/50. Some days she needs to be at work early so they stay with me and I have been documenting this. In one month they have stayed with me about 60% of the time. We are trying to do every other weekend, but that does not seem to work as she always has something come up at least one night and either hiers a sitter or asks me to take them(mostly I offer to save money) I just dont not want to go to court and be relegated to living in a one bedroom apartment and paying out the nose for her when I have been nothing but accomodating and trying to help her. I even look for jobs for her on a daily basis.
What do you think? I really can not afford an attorny at this point.
Ok this is a little long so bear with me.
My wife and I have decided to divorce after 9 years and are currently separated, not legally. I agreed to move.
Last Nov 2004 we put 10K of our home equity line of credit down on a new house as an investment. Well in Nov 2005 it closed and I moved in, and she stayed in the old house. We paid 304K for the new house and it is now worth 440K, and I owe around 290K. The loan is in my name and she is on the deed. She wouldn't let the closing go through if she wasn't on the deed. Ok that is the first thing.
Our old house where she is we owe about 222K, but its worth 430K. I help make payments on that house by working 3 jobs.
I realized there is no way I can make enough to keep both houses, and want to sell the one I am in, and use the money to buy a cheaper house realatively close for the Kids sake. I told her if I kept the money from the sale of the new house to buy myself a house I would help her refiance the old house and sign a quit claim deed and that house would be hers. She does not think that is fair since some of the equity in our old house was used to buy the new house and I should pay it back to her. Basically she has about 200K in equity in her house while I only have 150K.
She is also a realtor(not very good) so I told her she could be my agent to buy and get the 3% commission to help her out. I paid for her real estate school and could basically say I get 1/2 of the 3% but I do not want to do that.
Can I go ahead and try and do the purchase or get soomething in writing. I know if we go to a judge with this unresolved they will say sell both houses and split the proceeds 50/50. I fell I keep bending and being accomodating while she keeps wanting more because she is not making enough at her job to pay bills. She is quite capeable of getting a better job or a second job just like I have had to.
Finally, we share the kids pretty much 50/50. Some days she needs to be at work early so they stay with me and I have been documenting this. In one month they have stayed with me about 60% of the time. We are trying to do every other weekend, but that does not seem to work as she always has something come up at least one night and either hiers a sitter or asks me to take them(mostly I offer to save money) I just dont not want to go to court and be relegated to living in a one bedroom apartment and paying out the nose for her when I have been nothing but accomodating and trying to help her. I even look for jobs for her on a daily basis.
What do you think? I really can not afford an attorny at this point.
