Marital home

[P0ff]

My state is Alabama

I was recently given paperwork for divorce. It states that both parties are entitled to 50% of the marital home with my ex being responsible for any indebtedness. I live in the house with my children, and the ex moved out 4 months back. I'm not sure what that means. Who stays in the house?

Thank you for any advice.

 

[nextwife]

My state is Alabama

I was recently given paperwork for divorce. It states that both parties are entitled to 50% of the marital home with my ex being responsible for any indebtedness. I live in the house with my children, and the ex moved out 4 months back. I'm not sure what that means. Who stays in the house?

Thank you for any advice.

Paperwork from whom?

How do you intend to pay him for his 50% interest if you retain the property?

Are you on the mortgage? If so, YOUR lender can still hold you responsible for payments, regardless of your agreement, as they are not a party to the divorce.

 

[P0ff]

It was given by my ex who had it drawn up by an attorney.

As for buying my ex out, I do not know about that yet. But as it is stated, does that imply that we both live there?

 

[mistoffolees]

It was given by my ex who had it drawn up by an attorney.

As for buying my ex out, I do not know about that yet. But as it is stated, does that imply that we both live there?

It sounds like there are no court orders yet, correct?

If there are court orders, tell us what they say - word for word, but without the names.

If there are no court orders, then nothing in the divorce is final until a judge says it's final. The papers stbx's attorney gave you are probably useless until you agree or disagree and get in front of a judge. The only exception would be if stbx signed a quit claim deed or other document that's enforceable.

Bottom line is that no one can help you without knowing what the documents are and where you are in the process. I would suggest that you take everything to your own attorney first thing in the morning.

 

[P0ff]

It sounds like there are no court orders yet, correct?

If there are court orders, tell us what they say - word for word, but without the names.

If there are no court orders, then nothing in the divorce is final until a judge says it's final. The papers stbx's attorney gave you are probably useless until you agree or disagree and get in front of a judge. The only exception would be if stbx signed a quit claim deed or other document that's enforceable.

Bottom line is that no one can help you without knowing what the documents are and where you are in the process. I would suggest that you take everything to your own attorney first thing in the morning.

You are correct. There are no court orders. We are hoping to settle things with an agreement. I am not far into the process. I was given this paperwork and everything else I agree with, custody, visitation, division of debt and so forth. This was the only thing I questioned. I understand nothing is final or enforceable until a judge orders it.

Thank you for your advice. I guess I will have to get an attorney because I don't understand what my ex is wanting with the house.

 

[justalayman]

the actions concerning the house are incomplete. It says nothing to who retains possession. It doesn't say anything about either party being required to buy out the other party. All it says is you each own 1/2 of the home and the husband owes the remaining debt.

 

[LdiJ]

the actions concerning the house are incomplete. It says nothing to who retains possession. It doesn't say anything about either party being required to buy out the other party. All it says is you each own 1/2 of the home and the husband owes the remaining debt.

Which means that the actual wording could be critical...which you have not given. You seem to be giving your interpretation of the wording rather than the actual wording.

You need to run it by an attorney.

 

[P0ff]

Which means that the actual wording could be critical...which you have not given. You seem to be giving your interpretation of the wording rather than the actual wording.

You need to run it by an attorney.

The wording is: both parties shall be both equally (50%) entitled to the marital home. The ex shall be responsible for any indebtedness thereon.

 

[mistoffolees]

The wording is: both parties shall be both equally (50%) entitled to the marital home. The ex shall be responsible for any indebtedness thereon.

Then that means either of you can come and go as you wish and both of you share in any equity.

I would strongly advise against it. One person should generally have the use of the home and the debt with a requirement that the mortgage be refinanced to remove the other person's name within some short time period. When the mortgage is refinanced, the other person signs a quit claim deed at the closing table. Anything else is likely to create problems. If that's not possible, I would suggest that the house be sold and proceeds divided.

Please read some threads here to see all the problems created by doing what is being suggested.

 

[P0ff]

Then that means either of you can come and go as you wish and both of you share in any equity.

I would strongly advise against it. One person should generally have the use of the home and the debt with a requirement that the mortgage be refinanced to remove the other person's name within some short time period. When the mortgage is refinanced, the other person signs a quit claim deed at the closing table. Anything else is likely to create problems. If that's not possible, I would suggest that the house be sold and proceeds divided.

Please read some threads here to see all the problems created by doing what is being suggested.

Thank you very much for your advice.