Not sure what to do, and what my options are.... please help

[rissaradel]

What is the name of your state (only U.S. law)? Florida
My question is, my husband and I got married six months ago. We bought a house a year ago. My parents and I provided the down payment on the house, and for the past 11 months I have been paying the mortgage. My name is not on the loan, but is on the deed. My husband now wants a divorce (I do not, but can't live like this). We have no children together. I will be a single mom of 3, I have my children 24/7, and they have been in the same school district for years. He has 2 children but they only stay in our house 4 nights a week, and live a county away. Is it in my best interest to take a "settlement" from him and sign off on the deed? Or should I fight it? What are the chances that my children and I will be able to keep the house? I need help to figure out what is best for my kids and I. I have little debt and steady income. He is thousands of dollars in debt. Plus my credit score is better. But I don't want to have to go through the hassle of obtaining my own loan. Is there a way for him to sign the loan over? Please help.

 

[nextwife]

He'd remain responsible for that loan until it is paid off. Therefore it is not realistic to expect him to turn over his ownership until you get him off the loan. Would he agree to a buy out if you'd refi him off the loan?

 

[ecmst12]

If you can afford the mortgage payments on your own and can refinance the loan out of his name and pay him half the equity (which of course won't be a huge amount of money, and if your parents provided the down payment, there's an argument to exclude that money from the calculation) there is a good chance of you being awarded the house in the divorce. It is not at all a bad idea for you to hire a lawyer.