Husband personal loan with lien on my home

[esimplicity]

What is the name of your state? Nebraska
My husband took out a personal loan to pay off the mortgage on my home I had before we married. My home was used as collateral for the loan. Now due to his physically abusing me, I am going to file for divorce. What happens to the loan? Can he take my home? How can he end the arrangement? Thank you!!!!!

[pojo2]

Originally Posted by esimplicity

What happens to the loan? Can he take my home? How can he end the arrangement? Thank you!!!!!

Did you quit claim him the property in order for him to get the loan in his name only?

If so it is not your home anymore well without some costly legal intervention.

He can pay off the loan and quit claim the property back to you.

[HomeGuru]

Originally Posted by esimplicity

What is the name of your state? Nebraska
My husband took out a personal loan to pay off the mortgage on my home I had before we married. My home was used as collateral for the loan. Now due to his physically abusing me, I am going to file for divorce. What happens to the loan? Can he take my home? How can he end the arrangement? Thank you!!!!!

**A: have your divorce attorney handle these things.

[esimplicity]

I didnt quit claim anything. The title of the house is still just in my name. I talked to a very expensive divorce attorney and he said Nebraksa is a no fault state so house issue not related to divorce, all property we had before marriage goes back to original person.

[HomeGuru]

Originally Posted by esimplicity

I didnt quit claim anything. The title of the house is still just in my name. I talked to a very expensive divorce attorney and he said Nebraksa is a no fault state so house issue not related to divorce, all property we had before marriage goes back to original person.

**A: that is bs given your exact circumstances. Get a 2nd opinion from a cheaper attorney that knows what he is talking about.

[nextwife]

Originally Posted by esimplicity

I didnt quit claim anything. The title of the house is still just in my name. I talked to a very expensive divorce attorney and he said Nebraksa is a no fault state so house issue not related to divorce, all property we had before marriage goes back to original person.

Ummm, except NOW he has a valid lien on your place after paying off your mortgage.

FYI:

Nebraska Property Division Factors

Nebraska is an "equitable distribution" jurisdiction. The spouses retain their separate property acquired prior to the marriage. All of the spouse’s marital property, including any gifts and inheritances acquired during the marriage, may be divided, based on a consideration of the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the economic circumstances of each spouse at the time the division of property is to become effective; (3) the length of the marriage; and (4) any custodial provisions for the children. [Revised Statutes of Nebraska; Chapter 42, Section 365].
When dividing property in dissolution of marriage, the first step is to determine what property is considered marital. Since Nebraska is an "Equitable Distribution" state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does "equitable" mean? Equitable can be defined as "what is fair, not necessarily equal." To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state. You can also read more about Nebraska property division in the Nebraska state statutes located at: [url]http://statutes.unicam.state.ne.us/[/url].

[Ph128]

From what you are saying about what is yours before your marriage, you get to keep, it sounds like your husband is the one who holds the mortgage to your home, not the ownership.
Did you put his name on the title or deed?
If not, how would that give him any more rights to ownership of your home than if you just refinanced your home at a mortgage company?

[pojo2]

Originally Posted by esimplicity

My home was used as collateral for the loan.

How was this done if he is not on the title to the property?

[justalayman]

Originally Posted by HomeGuru

**A: that is bs given your exact circumstances. Get a 2nd opinion from a cheaper attorney that knows what he is talking about.

Two things here:

HG is just hilarious and as with oh so many posts, there is more to the story and the OP apparently doesn't wish to share.

With that being the case, HG, have you attempted to try your wit on stage (seriously)? There seems to be a comic inside that 3 piece suit striving to get out.

and OP: spill the info if you want any answer worth what you are paying to be here. You can read the posts and figure out why this needs more description.

[nextwife]

Originally Posted by pojo2

How was this done if he is not on the title to the property?

It sounds like he took a personal loan, and she gave him a lien against her house as HIS collateral so that he'd be assured of being paid back.

[pojo2]

Originally Posted by nextwife

It sounds like he took a personal loan, and she gave him a lien against her house as HIS collateral so that he'd be assured of being paid back.

My home was used as collateral for the loan

Who knows the OP is so evasive but it sounds to me like from this statement the home is used as collateral to secure his loan.

But your thoughts could be just as true.

[HomeGuru]

Originally Posted by pojo2

How was this done if he is not on the title to the property?

**A: it is very simple.

[HomeGuru]

[quote=justalayman]Two things here:

HG is just hilarious and as with oh so many posts, there is more to the story and the OP apparently doesn't wish to share.

With that being the case, HG, have you attempted to try your wit on stage (seriously)? There seems to be a comic inside that 3 piece suit striving to get out.

**A: I am already on stage.