Doing my own divorce

[ZmansGirl09]

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

I am writing up my own divorce paperwork via the self-help legal stuff for Nevada.

My wife and I are $200,000 upside down on our house. She still lives there, but she wants to move out. I live in an apartment. She's talking about filing bankruptcy (after the divorce). I'm good with that, as I will have to file bankruptcy too. A lawyer here in Las Vegas told me that shortsales are almost always for only 1 mortgage, and that we'd still be responsible for mortgage #2. Neither one of us can do that.

Anyway, we want to get the divorce done, and deal with the house later. I've rough-drafted this paragraph, but wanted to run it by the minds here at the forum to get some feedback? Please?

Marital Residence:

Marital Residence is located at XXXXXXXXXXXX. Marital residence is currently financed by two mortgages. Wife will continue living in the marital residence, and Wife will be solely responsible for maintaining mortgage payments. Both Husband and Wife agree to dispose of the property at a later date, but within one year from date the divorce is final. Both Husband and Wife agree that “disposal” can mean selling the home, leasing the home out, foreclosure, or bankruptcy. Should Husband and Wife disagree as to the disposal of the house, both Husband and Wife will seek mediation to resolve the issue.

 

[Ohiogal]

You are a girl with a wife? Seriously? Or is this the girlfriend's account?

 

[ZmansGirl09]

oh, yes I see the confusion. This is my girlfriend's account.

 

[mistoffolees]

My wife and I are $200,000 upside down on our house. She still lives there, but she wants to move out. I live in an apartment. She's talking about filing bankruptcy (after the divorce). I'm good with that, as I will have to file bankruptcy too. A lawyer here in Las Vegas told me that shortsales are almost always for only 1 mortgage, and that we'd still be responsible for mortgage #2. Neither one of us can do that.

Not necessarily. I'm involved with a short sale now where the attorney has gotten all the lenders together and reached an agreement involving all of them. It's a lot harder to get them to agree together, but it can be done.

Bankruptcy, of course, would eliminate both mortgages.

I would suggest that you take all the paperwork to an attorney and get some advice. It may well be that you'll want to file for bankruptcy before divorce.

 

[stealth2]

oh, yes I see the confusion. This is my girlfriend's account.

Then you may want to consider your own account. It will ease the confusion. Thanks.

 

[Handcoc]

Deal with the house FIRST...