what are my rights when it comes to our house

[beckyrose]

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

We are going threw a divorce, and we are doing it online. we have been able to agree on most things, but when it comes to our house , He wants to sell and split the equity, and I want to stay and have him move out.
I cant qualify to refinace and get the house under only my name, but he wants off the title or deed. Even if i buy him out, he thinks we should sell
Do I have any rights that would allow me to not agree to sell and stay here with the kids and keep him on the title>? even if he is noto living here?

[IsabellaSoriano]

Originally Posted by beckyrose

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

We are going threw a divorce, and we are doing it online. we have been able to agree on most things, but when it comes to our house , He wants to sell and split the equity, and I want to stay and have him move out.
I cant qualify to refinace and get the house under only my name, but he wants off the title or deed. Even if i buy him out, he thinks we should sell
Do I have any rights that would allow me to not agree to sell and stay here with the kids and keep him on the title>? even if he is noto living here?

you can agree to not to sell, buy him out of his share, and have his name removed from the title. no court will require him to keep his name on a debt.

[xylene]

Originally Posted by beckyrose

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

We are going threw a divorce, and we are doing it online. we have been able to agree on most things, but when it comes to our house , He wants to sell and split the equity, and I want to stay and have him move out.
I cant qualify to refinace and get the house under only my name, but he wants off the title or deed. Even if i buy him out, he thinks we should sell
Do I have any rights that would allow me to not agree to sell and stay here with the kids and keep him on the title>? even if he is noto living here?

Well, here is a news flash

Your amicable online divorce just blew up and you each need to get your own lawyer (or at least YOU need to get your own lawyer) and go to court to determine under law how the house will be divided.

Further - you need to resign yourself to the somewhat likely prospect that you will have to move as a very proabble outcome since you can't afford the house alone.

[mistoffolees]

Originally Posted by xylene

Well, here is a news flash

Your amicable online divorce just blew up and you each need to get your own lawyer (or at least YOU need to get your own lawyer) and go to court to determine under law how the house will be divided.

Further - you need to resign yourself to the somewhat likely prospect that you will have to move as a very proabble outcome since you can't afford the house alone.

That's quite possible, but perhaps OP will stop and think before forcing it into a battle zone. It's one thing to fight a battle you have a chance of winning, but when there's no chance of winning, you're better off with an amicable agreement.

Since OP will not be able to finance the house in her own name and if he insists that he wants his name off the title and mortgage, the court will likely agree - so the house will end up being sold anyway.

Given that likely outcome, I hope OP will realize that the house will be sold either way, so she'll be much better of if they reach an amicable agreement. Perhaps put the house on the market and she stays and pays the mortgage until it sells.

Of course, she will need to make an honest effort to sell the home and will need to find somewhere else to live, anyway, so it's not what she wants, but you can't always get what you want.

[nextwife]

Originally Posted by beckyrose

I cant qualify to refinace and get the house under only my name, but he wants off the title or deed. Even if i buy him out, he thinks we should sell
Do I have any rights that would allow me to not agree to sell and stay here with the kids and keep him on the title>? even if he is noto living here?

Thing is, you wouldn't ONLY be keeping him on title, you'd be tying up his credit score and denying him the ability to get a mortgage. It is very unwise to leave an exspouse with the property unless they refi you off the LOAN. The way credit scoring works today, it is just not a reasonable request anymore to expect to keep a mortgage open with someone elses name on it as co borrower. Credit scoring has totally changed what is fair and reasonable in settling jpoint debt. Open credit can seriously impact borrowing ability these days EVEN if kept current.

If you can't refi him off, you really need to sell and buy something YOU can afford. Something you can afford even if he's sick, disabled, unemployed, hit by a bus, dissappears down a hole, is abducted by aliens, sails off the end of the earth, or his Apollo spacecraft fails to return safely!