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stay at home dad wants the house

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mpita39

Junior Member
What is the name of your state? Michigan

Hi,

This is second marriage for both husband and self. We both worked in the beginning, but after a year of marriage I was offered a job where my income was, by itself, what we were making together. I started the job and he worked part-time for awhile (since we had small children) and then went back to work full-time for awhile as they got a little older and took advantage of day care/preschool for the youngest. The older children were in school full-time. When it came to summer time back in 1999 we realized that we could not afford summertime childcare for all 4 children (his, hers, ours and custody of all at that time) for the summer months. Husband left his job to take care of the kids and really has not gone back to work since with the exception of some under the table side jobs and a brief commission sales job for about 6 weeks this spring. He spends considerable time making repairs on the home but really is not involved in what I would consider a stay-at-home parent should be doing......carting children to practice, appointments, daily chores, cooking, etc. I end up doing all this AND working a full-time job. I feel like both the mom and dad and I'm overly stressed out. I have encouraged him to get a job for years but there is always an excuse..usually it involves the fact that on occassion I have to spend an overnight here or there for work and I would 'need' him to be there. My arguement is that I'm sure we could get a relative if his potential work schedule conflicts with any of my time away.

Where this is all heading is that he's decided for various reasons he wants a divorce. He states that we will have to sell the house and all it's contents and split any profits. He states that I will have to provide alimony for him for a period of time until he is able to get on his feet financially.

My thought is that a judge would not force me (the only one who could afford this house) and my children out of it until they graduate and then we could sell it and split the profit. The Children are all settled in their prospective schools and doing, for the most part, well. We have been here over 6 years now and it's the longest time that any of the children (and even myself) have been in one place.

WHAT ARE THE CHANCES THAT I WOULD HAVE TO PAY ALIMONY TO HIM AND MOVE/SELL OUR HOUSE BEFORE THE KIDS GRADUATE? TWO OF THE CHILDREN ARE IN HIGH SCHOOL AND THE YOUNGEST IS IN 5TH GRADE. HIS CHILD, FROM PREVIOUS MARRIAGE, NO LONGER LIVES WITH US. THANKS.
 


LdiJ

Senior Member
mpita39 said:
What is the name of your state? Michigan

Hi,

This is second marriage for both husband and self. We both worked in the beginning, but after a year of marriage I was offered a job where my income was, by itself, what we were making together. I started the job and he worked part-time for awhile (since we had small children) and then went back to work full-time for awhile as they got a little older and took advantage of day care/preschool for the youngest. The older children were in school full-time. When it came to summer time back in 1999 we realized that we could not afford summertime childcare for all 4 children (his, hers, ours and custody of all at that time) for the summer months. Husband left his job to take care of the kids and really has not gone back to work since with the exception of some under the table side jobs and a brief commission sales job for about 6 weeks this spring. He spends considerable time making repairs on the home but really is not involved in what I would consider a stay-at-home parent should be doing......carting children to practice, appointments, daily chores, cooking, etc. I end up doing all this AND working a full-time job. I feel like both the mom and dad and I'm overly stressed out. I have encouraged him to get a job for years but there is always an excuse..usually it involves the fact that on occassion I have to spend an overnight here or there for work and I would 'need' him to be there. My arguement is that I'm sure we could get a relative if his potential work schedule conflicts with any of my time away.

Where this is all heading is that he's decided for various reasons he wants a divorce. He states that we will have to sell the house and all it's contents and split any profits. He states that I will have to provide alimony for him for a period of time until he is able to get on his feet financially.

My thought is that a judge would not force me (the only one who could afford this house) and my children out of it until they graduate and then we could sell it and split the profit. The Children are all settled in their prospective schools and doing, for the most part, well. We have been here over 6 years now and it's the longest time that any of the children (and even myself) have been in one place.

WHAT ARE THE CHANCES THAT I WOULD HAVE TO PAY ALIMONY TO HIM AND MOVE/SELL OUR HOUSE BEFORE THE KIDS GRADUATE? TWO OF THE CHILDREN ARE IN HIGH SCHOOL AND THE YOUNGEST IS IN 5TH GRADE. HIS CHILD, FROM PREVIOUS MARRIAGE, NO LONGER LIVES WITH US. THANKS.
No, you would not be forced to sell the house and split the profits....HOWEVER, you would have to refinance the house into your name only, for enough to buy out his share of the equity. If you can qualify for that loan, then you will be able to keep the house. Obviously he can't qualify so he couldn't compete with you for the home.

As far as alimony is concerned...it really depends on the length of your marriage. However if it happened (and I am not saying its likely) it would be very short term.
 

mpita39

Junior Member
What happens if there is no equity in the house or very little. There are so many areas of the house that are torn up with work in progress (like the entire basement that WAS finished is now unfinished). The kitchen at the time we bought it was decent but is now torn up and needs flooring and cupboards, etc, etc, etc,. These are all works in progress that if he had left alone would still be decent enought to sell..albeit not in super condition. If the bank determines there is some equity in the house, do I have to use a home equity loan? Or can I pay him off with cash or something. Please let me know. Thanks.
 

LdiJ

Senior Member
mpita39 said:
What happens if there is no equity in the house or very little. There are so many areas of the house that are torn up with work in progress (like the entire basement that WAS finished is now unfinished). The kitchen at the time we bought it was decent but is now torn up and needs flooring and cupboards, etc, etc, etc,. These are all works in progress that if he had left alone would still be decent enought to sell..albeit not in super condition. If the bank determines there is some equity in the house, do I have to use a home equity loan? Or can I pay him off with cash or something. Please let me know. Thanks.
What you should do is get the home appraised....a real appraisal, not a drive-by one. Once you do that you can determine how much equity there is in the home.

However, you will have to refinance. You will have to remove his name from the loan, and the only way that you can do that is by refinancing. You don't however, have to refinance anything additional if you have the case to pay off his share.
 

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