Husband filing for divorce, only his name on actual Mortgage, he wants to sell I want to keep it

[nahomya]

OREGON

Hi,

My husband is filing for divorce right now, We have 2 infants children and he wants to sell the house. I would like to keep it, specially because of the children. Only his name is on the Mortgage but we bought the house together after marriage. House has a value atm of $260k we still owe about $120k to the bank. I provided $40k for the downpayment and he provided $36k.

Is there a way I could keep the house and get a credit to pay future exhusband part and the rest of the money, would this be a Mortgage refinance?

I have no idea how I could achieve this. If we sell the house I don't want to pay rent but at the same time I've been a homemaker for the last 6 years and I have a good credit score and not sure if I can even get a credit

 

[Shadowbunny]

OREGON

Hi,

My husband is filing for divorce right now, We have 2 infants children and he wants to sell the house. I would like to keep it, specially because of the children. Only his name is on the Mortgage but we bought the house together after marriage. House has a value atm of $260k we still owe about $120k to the bank. I provided $40k for the downpayment and he provided $36k.

Is there a way I could keep the house and get a credit to pay future exhusband part and the rest of the money, would this be a Mortgage refinance?

I have no idea how I could achieve this. If we sell the house I don't want to pay rent but at the same time I've been a homemaker for the last 6 years and I have a good credit score and not sure if I can even get a credit

You can do whatever you and your husband can come to an agreement on. That said -- can you pay the mortgage if he wants to be bought out?

 

[nahomya]

You can do whatever you and your husband can come to an agreement on. That said -- can you pay the mortgage if he wants to be bought out?

thanks for your input, I might but only with a credit, but will this credit to pay his part be a different one than the one to refinance the house? so sorry I am super ignorant in this topic and have no idea how it works.

 

[LdiJ]

OREGON

Hi,

My husband is filing for divorce right now, We have 2 infants children and he wants to sell the house. I would like to keep it, specially because of the children. Only his name is on the Mortgage but we bought the house together after marriage. House has a value atm of $260k we still owe about $120k to the bank. I provided $40k for the downpayment and he provided $36k.

Is there a way I could keep the house and get a credit to pay future exhusband part and the rest of the money, would this be a Mortgage refinance?

I have no idea how I could achieve this. If we sell the house I don't want to pay rent but at the same time I've been a homemaker for the last 6 years and I have a good credit score and not sure if I can even get a credit

You do not have any choice but to sell the house and split the equity. You cannot afford the mortgage on your own and that is the way that it normally works. You would have to refinance to buy him out of his share of the equity. If you have been a stay at home mother for the last six years there is little to no chance that you are going to qualify for a mortgage to buy him out. You won't be allowed to tie up his credit by trying to force him to remain on the mortgage. (unless he rolls and plays dead, and he apparently is not going to do that).

Obviously you are going to have to get a job at this point. Your share of the equity might help you purchase something more modest that you can afford on your own. Even renting for a while might let you work and establish at least some long term employment before trying to buy another place.

 

[Shadowbunny]

thanks for your input, I might but only with a credit, but will this credit to pay his part be a different one than the one to refinance the house? so sorry I am super ignorant in this topic and have no idea how it works.

I'm not sure what you mean when you say "with a credit", so let me lay out the options that I can see:

1) Sell the house, split the proceeds.
2) You buy him out. That means you would have to a) qualify for a mortage for the remaining balance on the house plus his part of the proceeds. Using your figures, that would be roughly $70k (260-120=140. Divided by 2 = $70k. OR b) he would agree to you paying him monthly for his $70k. (He would be foolish to do agree to that.)
3). He buys you out. He'd likely have to refi the mortgage to do so, but you could then take the proceeds to buy your own, more affordable place.

 

[LdiJ]

I'm not sure what you mean when you say "with a credit", so let me lay out the options that I can see:

1) Sell the house, split the proceeds.
2) You buy him out. That means you would have to a) qualify for a mortage for the remaining balance on the house plus his part of the proceeds. Using your figures, that would be roughly $70k (260-120=140. Divided by 2 = $70k. OR b) he would agree to you paying him monthly for his $70k. (He would be foolish to do agree to that.)

Just to make that part a bit clearer, she would have to be able to refinance for 70k plus 120k for a total of 190k. I agree that he would be foolish to agree to payments, since its unlikely she can afford the regular mortgage payment plus a monthly amount to buy him out.

3). He buys you out. He'd likely have to refi the mortgage to do so, but you could then take the proceeds to buy your own, more affordable place.

He wants to sell, she needs to agree and take her equity to use to provide housing for herself, one way or another.

 

[nahomya]

Thanks everyone, I can see everything clearer now

 

[Litigator22]

OREGON Hi, My husband is filing for divorce right now, We have 2 infants children and he wants to sell the house. I would like to keep it, specially because of the children. Only his name is on the Mortgage but we bought the house together after marriage. House has a value atm of $260k we still owe about $120k to the bank. I provided $40k for the downpayment and he provided $36k. Is there a way I could keep the house and get a credit to pay future exhusband part and the rest of the money, would this be a Mortgage refinance? I have no idea how I could achieve this. If we sell the house I don't want to pay rent but at the same time I've been a homemaker for the last 6 years and I have a good credit score and not sure if I can even get a credit

First of all let's adjust your thinking that "only his name is on the Mortgage". That cannot be so! Not if the home which you state was "purchased together" was taken in your joint names.. If you are on the deed to the property, then you are also on the mortgage note. Take my word for it. Its indisputable.

But that is incidental and not why I'm here. I'm here to warn you not to listen to the likes of "shadowbunny" and "Ldij" neither of whom could produce an iota of a legal credential if you put a gun to their heads.

Telling you that your rights with respect to the family home per a divorce are limited to: "what he will agree to", OR: (to the effect) "that the court will promptly order that the home be sold" thus putting you and the babies out on the street is pure unalloyed poppycock! (As one qualified attorney contributor has aptly and often remarked to other like absurdities from Ldij: "Ldij is not a lawyer and needs to shut up!".

The truth is that any person even remotely acquainted with family law practice (and I have spent years in such courtrooms) will tell you that given your present circumstances - two infant children to shelter and succor - being an unemployed stay at home mother and likely not readily employable - will weigh heavily in favor of your being awarded temporary and exclusive rights to the home and its furnishings. Permanent? Perhaps not. All depending on other financial factors, of course. But definitely during the pendency of the lawsuit and afterward for an extended period. With him paying the mortgage in the interim.

But you have to ask for it! So, what you need to do is to sit down with a reputable family law attorney who can explain more fully. Many will offer a free initial consultation.

ALSO be aware that the court has the ability of ordering your husband to provide financial assistance in securing your legal representation.
(A leveling of the the field so to speak.)

And he having an income (obviously) and you having none (home maker) would greatly favor such a preliminary OSC motion to be added to your request for temporary and exclusive use of the home, etc.

 

[LdiJ]

First of all let's adjust your thinking that "only his name is on the Mortgage". That cannot be so! Not if the home which you state was "purchased together" was taken in your joint names.. If you are on the deed to the property, then you are also on the mortgage note. Take my word for it. Its indisputable.

You are incorrect. There are many states where it is possible to be on the deed but not the mortgage. I do believe that Oregon is one of those states. It seems rather absurd to me, but it has been proven to me over and over again by other people.

But that is incidental and not why I'm here. I'm here to warn you not to listen to the likes of "shadowbunny" and "Ldij" neither of whom could produce an iota of a legal credential if you put a gun to their heads.

Buying into the koolade are you?

Telling you that your rights with respect to the family home per a divorce are limited to: "what he will agree to", OR: (to the effect) "that the court will promptly order that the home be sold" thus putting you and the babies out on the street is pure unalloyed poppycock! (As one qualified attorney contributor has aptly and often remarked to other like absurdities from Ldij: "Ldij is not a lawyer and needs to shut up!".

That is absurd. She is not going to be put out on the streets. She is going to walk away with about 70k in equity, and probably some other assets as well.

The truth is that any person even remotely acquainted with family law practice (and I have spent years in such courtrooms) will tell you that given your present circumstances - two infant children to shelter and succor - being an unemployed stay at home mother and likely not readily employable - will weigh heavily in favor of your being awarded temporary and exclusive rights to the home and its furnishings. Permanent? Perhaps not. All depending on other financial factors, of course. But definitely during the pendency of the lawsuit and afterward for an extended period. With him paying the mortgage in the interim.

Sure, he might be ordered to pay the mortgage during the pendency of the divorce and until the house is sold and the proceeds are split. He is NOT going to be ordered to pay the mortgage on a long term basis

But you have to ask for it! So, what you need to do is to sit down with a reputable family law attorney who can explain more fully. Many will offer a free initial consultation.

That is good advice.

ALSO be aware that the court has the ability of ordering your husband to provide financial assistance in securing your legal representation.
(A leveling of the the field so to speak.)

That is possible, but since none of us have any earthly idea of how much he makes, we have no idea whether or not that is probable.

And he having an income (obviously) and you having none (home maker) would greatly favor such a preliminary OSC motion to be added to your request for temporary and exclusive use of the home, etc.

These days, in many states, its encouraged for divorcing parties to share the home during the pendency of the divorce, particularly if the breadwinner does not make enough money to support two households. You know, the average joe who doesn't make a lawyer's income?

 

[nahomya]

First of all let's adjust your thinking that "only his name is on the Mortgage". That cannot be so! Not if the home which you state was "purchased together" was taken in your joint names.. If you are on the deed to the property, then you are also on the mortgage note. Take my word for it. Its indisputable.

But that is incidental and not why I'm here. I'm here to warn you not to listen to the likes of "shadowbunny" and "Ldij" neither of whom could produce an iota of a legal credential if you put a gun to their heads.

Telling you that your rights with respect to the family home per a divorce are limited to: "what he will agree to", OR: (to the effect) "that the court will promptly order that the home be sold" thus putting you and the babies out on the street is pure unalloyed poppycock! (As one qualified attorney contributor has aptly and often remarked to other like absurdities from Ldij: "Ldij is not a lawyer and needs to shut up!".

The truth is that any person even remotely acquainted with family law practice (and I have spent years in such courtrooms) will tell you that given your present circumstances - two infant children to shelter and succor - being an unemployed stay at home mother and likely not readily employable - will weigh heavily in favor of your being awarded temporary and exclusive rights to the home and its furnishings. Permanent? Perhaps not. All depending on other financial factors, of course. But definitely during the pendency of the lawsuit and afterward for an extended period. With him paying the mortgage in the interim.

But you have to ask for it! So, what you need to do is to sit down with a reputable family law attorney who can explain more fully. Many will offer a free initial consultation.

ALSO be aware that the court has the ability of ordering your husband to provide financial assistance in securing your legal representation.
(A leveling of the the field so to speak.)

And he having an income (obviously) and you having none (home maker) would greatly favor such a preliminary OSC motion to be added to your request for temporary and exclusive use of the home, etc.

Thanks that gives me some peace of mind, he kept my babies hostages for 10days and didn't even care I'm breastfeeding our baby, he doesn't allow me to access to the house, he packed all my belongings and left them in the garage (I know this cause I was able to pull up the garage door), he only accepted to let me see my children unless I'd accept not to try to get into the house again and unless I accepted a ridiculous temporary parenting plan he has set.

ATM I'm at my sister's with my children and just spent the little money I have left to buy stuff for their basic needs (he cancelled my credit card). He already filed divorce and he wants to stay in the house (ofc without me) during the process. I've hired a lawyer but nothing has been done, he said he would submit a status quo but it's been a week and I have no money and my sister's keep covering my expenses and my children's. I'm desperate and ai feel he will take everything from me

 

[Taxing Matters]

First of all let's adjust your thinking that "only his name is on the Mortgage". That cannot be so! Not if the home which you state was "purchased together" was taken in your joint names.. If you are on the deed to the property, then you are also on the mortgage note. Take my word for it. Its indisputable.

It certainly may be the case. While lenders generally won't do it, that does not mean that it never happens. If nothing else, they do sometimes make mistakes. I did a lot record searches when I worked for the IRS and I can tell you from my own experience that lenders do make mistakes in mortgage loans and it happens more than many people seem to think. I was able in a number of instances to use those mistakes to the government's benefit. I agree it would be unusual to see it, but it is not impossible. So I disagree with you that it is "indisputable". I'd want to see the actual documents involved.

 

[not2cleverRed]

Thanks that gives me some peace of mind, he kept my babies hostages for 10days and didn't even care I'm breastfeeding our baby, he doesn't allow me to access to the house, he packed all my belongings and left them in the garage (I know this cause I was able to pull up the garage door), he only accepted to let me see my children unless I'd accept not to try to get into the house again and unless I accepted a ridiculous temporary parenting plan he has set.

ATM I'm at my sister's with my children and just spent the little money I have left to buy stuff for their basic needs (he cancelled my credit card). He already filed divorce and he wants to stay in the house (ofc without me) during the process. I've hired a lawyer but nothing has been done, he said he would submit a status quo but it's been a week and I have no money and my sister's keep covering my expenses and my children's. I'm desperate and ai feel he will take everything from me

Given this added information, I would advise stop fighting this particular battle.

The children are more important than the house. Let him have the house, and focus on parenting your children. Ask the court for pende lite relief along with temporary custody orders.

You can ask for your half of the equity in the house in the divorce, and set up your new home in a place without reminders of him.

Lit22 is leading you astray.

 

[Ohiogal]

OREGON

Hi,

My husband is filing for divorce right now, We have 2 infants children and he wants to sell the house. I would like to keep it, specially because of the children. Only his name is on the Mortgage but we bought the house together after marriage. House has a value atm of $260k we still owe about $120k to the bank. I provided $40k for the downpayment and he provided $36k.

Is there a way I could keep the house and get a credit to pay future exhusband part and the rest of the money, would this be a Mortgage refinance?

I have no idea how I could achieve this. If we sell the house I don't want to pay rent but at the same time I've been a homemaker for the last 6 years and I have a good credit score and not sure if I can even get a credit

You need to get a full time job. PRONTO.

 

[Ohiogal]

Thanks that gives me some peace of mind, he kept my babies hostages for 10days and didn't even care I'm breastfeeding our baby, he doesn't allow me to access to the house, he packed all my belongings and left them in the garage (I know this cause I was able to pull up the garage door), he only accepted to let me see my children unless I'd accept not to try to get into the house again and unless I accepted a ridiculous temporary parenting plan he has set.

ATM I'm at my sister's with my children and just spent the little money I have left to buy stuff for their basic needs (he cancelled my credit card). He already filed divorce and he wants to stay in the house (ofc without me) during the process. I've hired a lawyer but nothing has been done, he said he would submit a status quo but it's been a week and I have no money and my sister's keep covering my expenses and my children's. I'm desperate and ai feel he will take everything from me

He did NOT keep your babies hostage for 10 days. He kept HIS CHILDREN. He has just as much right to have the children with him as you do with you without court orders. So you are making excuses. And it doesn't matter that you are breastfeeding. PUMP. Your boobs are NOT the be all and end all. And you won't be able to deny him time because of them. You could have gotten access to the house if you wanted. The police would have granted you that. You completely need to get a job and SUPPORT YOURSELF. Plain and simple. If not, then you are playing the victim.