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Divorce and marital property

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kbarth2559

Junior Member
What is the name of your state? MN
I am filing for a divorce and need advice on our home. My husband is in prison and will be there for over another year. We bought a house together after we got married, almost 25 years ago and I do not want the house, I can not afford to keep up the payments, but my husband won't be able to make payments while in prison. (the house is very old and we did refiancing on it several times, so we owe more on it than what we originally bought it for). How would someone handle this sort of situation. I planned to put up for sale, but that could take longer than I can afford to keep making payments. I'm doing the divorce myself, best I can, with the MN divorce without children packet, as I cannot afford a lawyer. What is the best solution when filing out the packet and who should get the house and stipulations, etc... I was told to contact a lawyer but like I said, there is no way I can afford one. I realize there could be some regret later on if I don't, but I don't have any other choices when it comes to hiring a lawyer and my husband can't afford one being in prison.
I would like to get the divorce started and over with but the house is what is holding me back and what to do. We pretty much agree on everything else, it's just the house that is in question and how to handle that part.
Any advice would be greatly appreciated.
Thanks in advanceWhat is the name of your state?What is the name of your state?
 


Ohiogal

Queen Bee
Your credit is going to be destroyed if you are on the mortgage. Also your husband can accuse you of dissipating the marital property if you let the house go to foreclosure. You need to keep paying and get the house up for sale. You are responsible for the home as well.
 

kbarth2559

Junior Member
marital property, joint petition

I am filing for divorce and downloaded the packet "Joint Petition, agreement, and judgment and Decree for marriage dissolution without children" My husband is pretty much in agreement with everything. Do I need to serve my husband with a Summons and a Petition for Dissolution of Marriage?
Also, I don't know what to do when it comes to the Real Estate and who should be awarded the property. I am trying to keep payments up, and we both agree to put the house up for sale and pay off debts with any profit when the house sells, if there is any. My husband is in prison, and I'm not sure I can keep the payments up. I do not want to go into forclosure and doing all I can to avoid it. I can not afford a lawyer and when it comes to filling out the divorce packet I'm not sure what would be the best or fairest way as far as the real estate?
 

penelope10

Senior Member
I am filing for divorce and downloaded the packet "Joint Petition, agreement, and judgment and Decree for marriage dissolution without children" My husband is pretty much in agreement with everything. Do I need to serve my husband with a Summons and a Petition for Dissolution of Marriage?
Also, I don't know what to do when it comes to the Real Estate and who should be awarded the property. I am trying to keep payments up, and we both agree to put the house up for sale and pay off debts with any profit when the house sells, if there is any. My husband is in prison, and I'm not sure I can keep the payments up. I do not want to go into forclosure and doing all I can to avoid it. I can not afford a lawyer and when it comes to filling out the divorce packet I'm not sure what would be the best or fairest way as far as the real estate?
What state do you live in?
 

nextwife

Senior Member
Have you considered getting a roommate for now so you CAN cover the payments and not have a FC on your record?
 

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