• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

house an land ?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mountainboy

Junior Member
What is the name of your state -section alabama zip 35771.my question is -she wants out doesnt want the house we built as a family an the 30 acres.i could pay for the house by its self but not half the bills a child suport.and i want to pay my bills but cant do it all by my self .we are working out out devorse between us she wants to see house .we owe to much to make any money one it so she doesnt want it .how can i keep it some kind a bankrupt or anything .ben married 24 yrs an shes allways done the bills i have no clue how to do any of this stuff YET.i apprecate an help thanks for yall time [email protected]
 


mistoffolees

Senior Member
First, edit your post to remove your email unless you want 40,000 spam messages in the next 24 hours.

As for the rest, if there's not enough money to keep the house, you'll have to sell it.

The way it works is that property division and support obligations are not tied together. You first split the property and then later you both pay the support obligations (child support and, if relevant, alimony).

Property division is generally that you'd each get 1/2 of the marital assets and 1/2 of the marital debt. The main exception is that if one of you keeps the house, that person would keep the mortgage on the house - ideally refinancing to remove the other person's name.

If you've owned it for a long them, there ought to be some equity in the home (unless you kept taking the equity out until real estate crashed). If there's equity, one person would take the home and the mortgage and pay the other person 1/2 of the marital equity. If that's not possible, then the easiest thing to do is sell the home and divide the proceeds.

You can get an estimate of how much one of you might be paying in child support here:
Alabama Child Support Calculator - AllLaw.com

In a long term marriage, alimony is a possibility, but it would be impossible to assess without some idea of whether both people are working, relative incomes, and so on.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top