Agree to leave the property

[Sokols]

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

Husband wants me out of the house asap, while pending the divorce hearing and settlement. He will agree to give me 60,000 to move out, that is his offer. He said the rest of the settlement can be determined at the settlement hearing and divorce hearing in 2 months. In writing what should I have written down and signed by both of us for this agreement. I have a feeling he thinks this sum of money will be payment to me for my share of the house. I expect at least $150,000 for the house as well as personal property, and household items that still need to be determined and split. Should I go ahead and agree to this prior to the court date.

 

[Ohiogal]

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

Husband wants me out of the house asap, while pending the divorce hearing and settlement. He will agree to give me 60,000 to move out, that is his offer. He said the rest of the settlement can be determined at the settlement hearing and divorce hearing in 2 months. In writing what should I have written down and signed by both of us for this agreement. I have a feeling he thinks this sum of money will be payment to me for my share of the house. I expect at least $150,000 for the house as well as personal property, and household items that still need to be determined and split. Should I go ahead and agree to this prior to the court date.

Upon what are you basing your appraisal of the house and the worth of personal property and household items?

 

[nextwife]

Is the house a marital asset? When was it purchased, and what funds were used? Who is on the mortgage? Are the assets to which you refer all marital?

 

[LdiJ]

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

Husband wants me out of the house asap, while pending the divorce hearing and settlement. He will agree to give me 60,000 to move out, that is his offer. He said the rest of the settlement can be determined at the settlement hearing and divorce hearing in 2 months. In writing what should I have written down and signed by both of us for this agreement. I have a feeling he thinks this sum of money will be payment to me for my share of the house. I expect at least $150,000 for the house as well as personal property, and household items that still need to be determined and split. Should I go ahead and agree to this prior to the court date.

I probably would not do it myself without getting a consult with an attorney. There are many unanswered questions which would make it difficult to give you valid advice.

On your other thread you stated that your husband was unemployed. Clearly he has some substantial savings but clearly there is also a question as to how much equity is in the home, whose name appear on the mortgage and whether or not your husband would be able to refinance a mortgage being unemployed.

 

[Sokols]

Both our names are on title. I base the house price on 3 realtors assessments on pricing and current area market value. the house was purchased in 1990 with joint monies. The household assets and balance is joint community property, furniture and household items, cars and stock. My husband had a decent sum of money in an account and has access to other personal funds.
I can't pay all the bills, utitlies and housepayments on my own for this property.

 

[mistoffolees]

Both our names are on title. I base the house price on 3 realtors assessments on pricing and current area market value. the house was purchased in 1990 with joint monies. The household assets and balance is joint community property, furniture and household items, cars and stock. My husband had a decent sum of money in an account and has access to other personal funds.
I can't pay all the bills, utitlies and housepayments on my own for this property.

There's enough money involved that you need to see an attorney before signing anything.

However, it is likely that if he just gives you some money to move out that it wouldn't affect what you're actually entitled to. The court will determine property division in the end and his telling you that you can only have $60 K isn't going to override the court's judgment.

I'd be careful about signing anything, though. DEFINITELY make sure you have an attorney review any document before you sign.

 

[TinkerBelleLuvr]

I would make sure that there was a definite timeline as to when the divorce is finalized. Otherwise, the STBX could string it out for years and YOU are on the hook for marital debt for YEARS.

 

[EleZor]

Is your name on the mortgage?