my husband has a separation agreement with his first wife

[hopek]

I really was not ignoring you guys. I did listen to what you were saying. Sorry if you thought I was not. As a matter of fact I printed it out. I will not bother you guys no more.

 

[>Charlotte<]

I. Think the. Major problem here is that. Your husband lacked the. Foresight. To plan for a future that included two. More children.

Your husband can still provide for his children's (with you) future, and so can you. As far as the house is concerned, the ex-wife might be willing to accept a financial settlement in return for a modification or dismissal of the previous agreement.

You should drop your bitterness about the ex and how she conducted herself during their marriage. That's none of your business, and it has absolutely nothing to do with whatever financial arrangements they made during their divorce. Don't waste time in your lawyer's office droning on and on about what a terrible person she is--especially if you're paying him by the hour.

 

[happybug]

" At that time you could either offer to buy out his former children, or buy yourself and the current children another home "

penelope, I am laughing with you and not at you here but this just sounds so wrong. Can a person really have former children?

 

[Ohiogal]

How is the house titled? Why doesn't dad sell this house, give all proceeds to the two children AND THEN buy a new house? Check with an attorney regarding that -- one who can see the actual papers.

 

[nextwife]

How is the house titled? Why doesn't dad sell this house, give all proceeds to the two children AND THEN buy a new house? Check with an attorney regarding that -- one who can see the actual papers.

Another option is to refinance this house, keep it as an investment property which his kids can one day inherit, and buy a different house together, once your attorney has reviewed the decree and concurs that this is allowable.

Frankly, I know few people that are still in the same residence by the time they pass away that they were in when their kids were little. Some downsize into more affordable homes or condos at retirement, or use their equity after retirement to pay for assisted living apartments, or relocate, or become sun birds and have a seasonal home in the sunbelt. A properly drafted decree would have dealt with , not just where this goes AFTER death, but the very likely situaution in which the father would wish to change his residence PRIOR to death. Additionally, such a provision is not very forward thinking, because an elderly person, who dies after living in a care facility for any extended period of time, may have elder care assistance liens placed on their home due to such care

It is unrealistic to presume one will NEVER dispose of the childhood home prior to their death. An attorney should review the language to see if the entirety of the agreement has this provision continuing forever, or whether this provision is part of a pportion that only applies during the children's pre-adult years.

 

[mistoffolees]

It is unrealistic to presume one will NEVER dispose of the childhood home prior to their death. An attorney should review the language to see if the entirety of the agreement has this provision continuing forever, or whether this provision is part of a pportion that only applies during the children's pre-adult years.

She certainly needs to take the paperwork to an attorney.

No, wait. Scratch that. She has nothing to do with it. HE needs to take the paperwork to an attorney if he has questions.

I'd be willing to be that it's property division and not child support, though, and therefore continues forever.