TheHaitian
Senior Associate
Joined: Jul 27, 2014 19:39:10 GMT -5
Posts: 10,144
|
Post by TheHaitian on Jul 31, 2018 19:19:53 GMT -5
My bad... seems the House was listed on both Zillow and Redfin (I have been out of the loop... sorry daughter was sick).
So per nextdoor posting it seems she has :
- managed to get the Zillow listing taken down and now trying to get Redfin to take it down.
- the ex husband is refusing to sign over the quick deed ; seems House is under husband name. But per divorce decree he was supposed to.
- her lawyer had filed paperwork with the recorder of deed.
- the realtor/listing agent has ignored her calls
|
|
TheHaitian
Senior Associate
Joined: Jul 27, 2014 19:39:10 GMT -5
Posts: 10,144
|
Post by TheHaitian on Jul 31, 2018 19:25:46 GMT -5
Legally, who owns the house? Is it solely in the STBXH’s name or both? It solely his, then he can do as he pleases. If both, I’m now sure how a realtor could list it if both hadn’t signed the contract. It seems it is under his name but : - they were married - there is the divorce decree
|
|
TheHaitian
Senior Associate
Joined: Jul 27, 2014 19:39:10 GMT -5
Posts: 10,144
|
Post by TheHaitian on Jul 31, 2018 19:28:32 GMT -5
So it seems her reason for wanting to keep the house is 2 folds:
- sentimental : their home for 15 years and the only home the kids know
- the current mortgage payment is only $900/month... she estimates that even after giving him his share (~200k); at most the mortgage will be ~2k/month.
- In DC you cannot find a decent 2 bedrooms for that price.
|
|
Miss Tequila
Distinguished Associate
Joined: Dec 19, 2010 10:13:45 GMT -5
Posts: 20,602
|
Post by Miss Tequila on Jul 31, 2018 19:33:34 GMT -5
So it seems her reason for wanting to keep the house is 2 folds: - sentimental : their home for 15 years and the only home the kids know - the current mortgage payment is only $900/month... she estimates that even after giving him his share (~200k); at most the mortgage will be ~2k/month. - In DC you cannot find a decent 2 bedrooms for that price. I seriously can't imagine paying $2k for a 2 bedroom apartment!
|
|
TheHaitian
Senior Associate
Joined: Jul 27, 2014 19:39:10 GMT -5
Posts: 10,144
|
Post by TheHaitian on Jul 31, 2018 19:41:08 GMT -5
So it seems her reason for wanting to keep the house is 2 folds: - sentimental : their home for 15 years and the only home the kids know - the current mortgage payment is only $900/month... she estimates that even after giving him his share (~200k); at most the mortgage will be ~2k/month. - In DC you cannot find a decent 2 bedrooms for that price. I seriously can't imagine paying $2k for a 2 bedroom apartment! You cannot find a 2 bedroom apartment for that price unless you are on the outskirts of DC and more seedy areas (SE) or Maryland. Because even in Parts of Arlington and Alexandria you will have a hard time finding such bargain (co-worker is renting a 1 bedroom for $1,700/month in Arlington and not even a fancy/ritzy location). Closer to the center you are talking $3,000-$3,500/month
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,865
|
Post by zibazinski on Jul 31, 2018 20:57:56 GMT -5
You can’t find a two bedroom in a good area of tampa for 2k either. Cities are expensive.
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,865
|
Post by zibazinski on Jul 31, 2018 20:59:24 GMT -5
Her problem is not thinking about taxes that constantly go up as well as maintenance. She’s looking for trouble trying to hang onto that house.
|
|
Deleted
Joined: Apr 25, 2024 9:35:41 GMT -5
Posts: 0
|
Post by Deleted on Jul 31, 2018 21:05:31 GMT -5
The neighbors behind me had their house for sale for SEVEN years before selling it. It started at $799,000 for a huge house with 15 acres right when the recession hit. It finally sold for $450,000.
They actually both lived in it until it sold. I cannot imagine living with someone you had divorced for that long, but they did it. Neither one could afford to buy the other one out.
|
|
lurkyloo
Junior Associate
“Time means nothing now,” said Toad. “It is just the thing that happens between snacks.”
Joined: Jan 8, 2011 11:26:56 GMT -5
Posts: 5,568
|
Post by lurkyloo on Jul 31, 2018 22:06:58 GMT -5
I seriously can't imagine paying $2k for a 2 bedroom apartment! You cannot find a 2 bedroom apartment for that price unless you are on the outskirts of DC and more seedy areas (SE) or Maryland. Because even in Parts of Arlington and Alexandria you will have a hard time finding such bargain (co-worker is renting a 1 bedroom for $1,700/month in Arlington and not even a fancy/ritzy location). Closer to the center you are talking $3,000-$3,500/month Pretty sure you’d be looking at seedy or remote parts of maryland too. MoCo aint cheap.
|
|
Miss Tequila
Distinguished Associate
Joined: Dec 19, 2010 10:13:45 GMT -5
Posts: 20,602
|
Post by Miss Tequila on Aug 1, 2018 6:25:30 GMT -5
The neighbors behind me had their house for sale for SEVEN years before selling it. It started at $799,000 for a huge house with 15 acres right when the recession hit. It finally sold for $450,000. They actually both lived in it until it sold. I cannot imagine living with someone you had divorced for that long, but they did it. Neither one could afford to buy the other one out. My divorce started on November 12 and the closing on my new home was on January 16...longest two months of my life! I can’t imagine living with him for 7 years!!
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,865
|
Post by zibazinski on Aug 1, 2018 6:28:34 GMT -5
Usually one moves to the basement and they make a deal no overnight guests and no dates come over.
|
|
NoNamePerson
Distinguished Associate
Is There Anybody OUT There?
Joined: Dec 17, 2010 17:03:17 GMT -5
Posts: 25,687
Location: WITNESS PROTECTION
|
Post by NoNamePerson on Aug 1, 2018 7:29:59 GMT -5
I only "lived" with ex for 3 days and that was to wait for apartment to get ready. I had movers set up 6 more days down the road (wasn't sure of date to occupy apartment) so I got kiddos sleeping bag and slept on the floor in apt till movers got stuff moved in. But I will say I had my ducks in a row when my divorce became final and knew exactly what I was going to do.
|
|
finnime
Junior Associate
Be kind. Everyone you meet is fighting a great battle.
Joined: Dec 23, 2010 7:14:35 GMT -5
Posts: 7,414
|
Post by finnime on Aug 1, 2018 8:06:11 GMT -5
You cannot find a 2 bedroom apartment for that price unless you are on the outskirts of DC and more seedy areas (SE) or Maryland. Because even in Parts of Arlington and Alexandria you will have a hard time finding such bargain (co-worker is renting a 1 bedroom for $1,700/month in Arlington and not even a fancy/ritzy location). Closer to the center you are talking $3,000-$3,500/month Pretty sure you’d be looking at seedy or remote parts of maryland too. MoCo aint cheap. That's for sure. $2k would get you something, but definitely not a 2-bedroom suitable for kids.
|
|
Deleted
Joined: Apr 25, 2024 9:35:41 GMT -5
Posts: 0
|
Post by Deleted on Aug 1, 2018 8:48:03 GMT -5
The neighbors behind me had their house for sale for SEVEN years before selling it. It started at $799,000 for a huge house with 15 acres right when the recession hit. It finally sold for $450,000. They actually both lived in it until it sold. I cannot imagine living with someone you had divorced for that long, but they did it. Neither one could afford to buy the other one out. That happened a lot during the housing crisis. I am SO grateful that the marital home sold easily when my first husband and I divorced. For years afterwards when I was under stress I'd have a nightmare that he was in the house that I bought after the divorce.
|
|
TheHaitian
Senior Associate
Joined: Jul 27, 2014 19:39:10 GMT -5
Posts: 10,144
|
Post by TheHaitian on Aug 1, 2018 9:40:15 GMT -5
Pretty sure you’d be looking at seedy or remote parts of maryland too. MoCo aint cheap. That's for sure. $2k would get you something, but definitely not a 2-bedroom suitable for kids. We can all agree it is very expensive to live in the DMV... So I can see why she would want to keep the home; 3 bedrooms, 2.5 baths with a basement that has rental potential (most basements in my area are being rented for $1,200-$1,500 depending on how updated they are and I know she was considering it at some point) vs not being able to afford the area on a single income and 2 kids (one special needs).
|
|
beergut
Senior Member
Joined: Jan 11, 2011 13:58:39 GMT -5
Posts: 2,184
|
Post by beergut on Aug 1, 2018 11:10:56 GMT -5
So it seems her reason for wanting to keep the house is 2 folds: - sentimental : their home for 15 years and the only home the kids know - the current mortgage payment is only $900/month... she estimates that even after giving him his share (~200k); at most the mortgage will be ~2k/month. - In DC you cannot find a decent 2 bedrooms for that price. When I read your OP, my immediate thoughts were a) cheap mortgage, and b) her split of the equity won't be enough for her to find a similar place to live in the area. When looking at valuations for a house, people seem to forget that you always need a new place to live after you sell.
|
|
gs11rmb
Senior Member
Joined: Dec 21, 2010 12:43:39 GMT -5
Posts: 3,303
Member is Online
|
Post by gs11rmb on Aug 1, 2018 11:44:39 GMT -5
That's for sure. $2k would get you something, but definitely not a 2-bedroom suitable for kids. We can all agree it is very expensive to live in the DMV... So I can see why she would want to keep the home; 3 bedrooms, 2.5 baths with a basement that has rental potential (most basements in my area are being rented for $1,200-$1,500 depending on how updated they are and I know she was considering it at some point) vs not being able to afford the area on a single income and 2 kids (one special needs). I know many of the people on this board may disagree but has she considered waiving child support in favour of retaining the home and it's equity? If she's a school teacher then her job should be very safe and stable but not the highest paying. She might struggle to buy something else on her income alone but can manage the inexpensive mortgage payment on the house. The money she saves on not having to pay, for example, $2,000 per month might offset child support.
|
|
Deleted
Joined: Apr 25, 2024 9:35:41 GMT -5
Posts: 0
|
Post by Deleted on Aug 1, 2018 11:51:55 GMT -5
I know many of the people on this board may disagree but has she considered waiving child support in favour of retaining the home and it's equity? If she's a school teacher then her job should be very safe and stable but not the highest paying. She might struggle to buy something else on her income alone but can manage the inexpensive mortgage payment on the house. The money she saves on not having to pay, for example, $2,000 per month might offset child support. Interesting thought. I can see two potential problems. First, unless she can refinance in her own name, her Ex is still on the mortgage and thus unlikely to get a new mortgage on a house where he can live with Wife #2. It also means his equity is still in that house and not available to use as a down payment. Second- I've heard that some courts are reluctant to allow the custodial parent to waive child support because if they fall on hard times and their kids end up on public support, they cant' go after the non-custodial parent for support. I DID get a divorce without CS 20 years ago in NJ and took care of DS just fine. Nt sue how things are now.
|
|
Deleted
Joined: Apr 25, 2024 9:35:41 GMT -5
Posts: 0
|
Post by Deleted on Aug 1, 2018 12:16:50 GMT -5
We can all agree it is very expensive to live in the DMV... So I can see why she would want to keep the home; 3 bedrooms, 2.5 baths with a basement that has rental potential (most basements in my area are being rented for $1,200-$1,500 depending on how updated they are and I know she was considering it at some point) vs not being able to afford the area on a single income and 2 kids (one special needs). I know many of the people on this board may disagree but has she considered waiving child support in favour of retaining the home and it's equity? If she's a school teacher then her job should be very safe and stable but not the highest paying. She might struggle to buy something else on her income alone but can manage the inexpensive mortgage payment on the house. The money she saves on not having to pay, for example, $2,000 per month might offset child support. Another problem besides the ones @athena53 points out may be the amount of child support she would receive and for how long.
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,865
|
Post by zibazinski on Aug 1, 2018 12:19:18 GMT -5
If she’s got a child with special needs, it may last forever.
|
|
TheHaitian
Senior Associate
Joined: Jul 27, 2014 19:39:10 GMT -5
Posts: 10,144
|
Post by TheHaitian on Aug 1, 2018 12:37:23 GMT -5
So since this was the talk of the neighborhood last night thanks to her post on Next Door (people actually drove / walk by to take pictures)...I got curious.
Another question for the board: they purchased the home in 2013. I went on out deeds record and saw the deed from 2013. The trust (or mortgage) is without a doubt just under his name; he also opened up a line of credit for $80,000 last year (I wonder if she knows?)... because they were not together.
But my confusion is the deed. On the deed you have his name type and her name, and someone obviously in pen double crossed her name out (they scan the documents in), and they recorded the home under his name only. Why did the documents have both their names and then her name was crossed out?
|
|
swamp
Community Leader
Don't be a fool. Call me!
Joined: Dec 19, 2010 16:03:22 GMT -5
Posts: 45,309
|
Post by swamp on Aug 1, 2018 12:41:54 GMT -5
So since this was the talk of the neighborhood last night thanks to her post on Next Door (people actually drove / walk by to take pictures)...I got curious. Another question for the board: they purchased the home in 2013. I went on out deeds record and saw the deed from 2013. The trust (or mortgage) is without a doubt just under his name; he also opened up a line of credit for $80,000 last year (I wonder if she knows?)... because they were not together. But my confusion is the deed. On the deed you have his name type and her name, and someone obviously in pen double crossed her name out (they scan the documents in), and they recorded the home under his name only. Why did the documents have both their names and then her name was crossed out?He's an asshole. The lawyers office screwed up. They changed their minds and wanted it in his name only. They found out she has judgments against her. So many reasons. Some good, some bad.
|
|
swamp
Community Leader
Don't be a fool. Call me!
Joined: Dec 19, 2010 16:03:22 GMT -5
Posts: 45,309
|
Post by swamp on Aug 1, 2018 12:43:19 GMT -5
We can all agree it is very expensive to live in the DMV... So I can see why she would want to keep the home; 3 bedrooms, 2.5 baths with a basement that has rental potential (most basements in my area are being rented for $1,200-$1,500 depending on how updated they are and I know she was considering it at some point) vs not being able to afford the area on a single income and 2 kids (one special needs). I know many of the people on this board may disagree but has she considered waiving child support in favour of retaining the home and it's equity? If she's a school teacher then her job should be very safe and stable but not the highest paying. She might struggle to buy something else on her income alone but can manage the inexpensive mortgage payment on the house. The money she saves on not having to pay, for example, $2,000 per month might offset child support. legally, you can't negotiate away child support for a marital asset, because it's the child's right, not the parents right. Also, even if you waive it, if circumstances change, you can always go back and get it later.
|
|
CCL
Junior Associate
Joined: Jan 4, 2011 19:34:47 GMT -5
Posts: 7,592
|
Post by CCL on Aug 1, 2018 12:52:15 GMT -5
So since this was the talk of the neighborhood last night thanks to her post on Next Door (people actually drove / walk by to take pictures)...I got curious. Another question for the board: they purchased the home in 2013. I went on out deeds record and saw the deed from 2013. The trust (or mortgage) is without a doubt just under his name; he also opened up a line of credit for $80,000 last year (I wonder if she knows?)... because they were not together. But my confusion is the deed. On the deed you have his name type and her name, and someone obviously in pen double crossed her name out (they scan the documents in), and they recorded the home under his name only. Why did the documents have both their names and then her name was crossed out?He's an asshole. The lawyers office screwed up. They changed their minds and wanted it in his name only. They found out she has judgments against her. So many reasons. Some good, some bad. Shouldn't it have been rewritten instead of crossed out?
|
|
wvugurl26
Distinguished Associate
Joined: Dec 19, 2010 15:25:30 GMT -5
Posts: 21,698
Member is Online
|
Post by wvugurl26 on Aug 1, 2018 13:15:56 GMT -5
You can definitely go back later for child support. My dad waived child support for sole legal and physical custody of my brother and me. He didn't want a custody battle. Chances of a West Virginia court in 1990 awarding custody to a long haul truck driver were slim.
About 1999-2000, he was reconsidering. Mom never voluntarily paid a dime to contribute to expenses. Kids turned out to be more expensive than planned as my dad said. I needed braces, etc. By this time mom had long since graduated nursing school and was making way more than dad.
The head family lawmaster pulled up the case and told him to file for support. Said it would be granted. Dad never filed partly I think trying not to implode our fragile relationship with mom.
|
|
Deleted
Joined: Apr 25, 2024 9:35:41 GMT -5
Posts: 0
|
Post by Deleted on Aug 1, 2018 13:19:11 GMT -5
Legally, you can't negotiate away child support for a marital asset, because it's the child's right, not the parents right. I'm saying another silent prayer of thanks to my divorce attorney, wherever she is. Not sure how she managed it. I'd foregone CS in return for being able to keep all the investments in my name, all of which had come from my earnings (some pre-marriage) while paying my share of the household expenses, all of DS's expenses, and 100% of everything the last 5 years of the marriage. My Ex was amoral when it came to keeping promises to pay money to anyone. He thought it was funny when creditors actually expected him to pay what he owed, and CS would have been no different. Another question for the board: they purchased the home in 2013. I went on out deeds record and saw the deed from 2013. The trust (or mortgage) is without a doubt just under his name; he also opened up a line of credit for $80,000 last year (I wonder if she knows?)... because they were not together. But my confusion is the deed. On the deed you have his name type and her name, and someone obviously in pen double crossed her name out (they scan the documents in), and they recorded the home under his name only. Why did the documents have both their names and then her name was crossed out? That's just weird. With word processing software, no attorney should have to hand-correct a document- you just change the parameters and print a new one. Maybe the closing didn't take place in the attorney's office? Still seems sloppy ot me. I'm also a little curious about the mortgage and the LOC. Every state is different but doesn't the other spouse have to sign off on the mortgage even if they're not on the title? They have a right to inherit joint property in the case of death so a mortgage cuts into their potential equity.
|
|
happyhoix
Distinguished Associate
Joined: Oct 7, 2011 7:22:42 GMT -5
Posts: 20,879
|
Post by happyhoix on Aug 1, 2018 13:26:06 GMT -5
I know many of the people on this board may disagree but has she considered waiving child support in favour of retaining the home and it's equity? If she's a school teacher then her job should be very safe and stable but not the highest paying. She might struggle to buy something else on her income alone but can manage the inexpensive mortgage payment on the house. The money she saves on not having to pay, for example, $2,000 per month might offset child support. Interesting thought. I can see two potential problems. First, unless she can refinance in her own name, her Ex is still on the mortgage and thus unlikely to get a new mortgage on a house where he can live with Wife #2. It also means his equity is still in that house and not available to use as a down payment. Second- I've heard that some courts are reluctant to allow the custodial parent to waive child support because if they fall on hard times and their kids end up on public support, they cant' go after the non-custodial parent for support. I DID get a divorce without CS 20 years ago in NJ and took care of DS just fine. Nt sue how things are now. I feel sympathy for the mom, but the DH is screwed in that he can't buy another house and has his half of the equity tied up in a place where he can't live. I'm sure she wants to let the kids keep living there, but does the DH have to wait until the kids are out of college before she sells the house and he gets his part of the equity?
Too bad they aren't on better terms, he could help fix up the basement apartment and live there rent free while she tried to save the money to buy him out. Too bad she took a five week holiday, too - DH might be less annoyed if she sent the kids for their five week vacation while she worked a summer gig to earn cash to help pay off the equity. The five week vacation just underscores she has no intention of selling the house or paying him back.
|
|
justme
Senior Associate
Joined: Feb 10, 2012 13:12:47 GMT -5
Posts: 14,618
|
Post by justme on Aug 1, 2018 13:39:24 GMT -5
Yea, I'd be pretty appalled at someone claiming poor while they're on a 5 week vacation. Unless it was strictly a visit family pay for nothing but maybe food 5 week vacation.
|
|
TheHaitian
Senior Associate
Joined: Jul 27, 2014 19:39:10 GMT -5
Posts: 10,144
|
Post by TheHaitian on Aug 1, 2018 14:27:43 GMT -5
Yea, I'd be pretty appalled at someone claiming poor while they're on a 5 week vacation. Unless it was strictly a visit family pay for nothing but maybe food 5 week vacation. She is visiting her family in Martinique , we’ve been neighbors for 2 years and she always goes for the summer and also winter breaks. Her parents and siblings live there and she is the only one in her family in the US. I figure it is no different from me and my wife visiting Haiti : only pay for the plane ticket. You stay at your parents house for free, meals are taken care off and everything. Just buy the ticket and you are covered. This is the reason a lot of immigrants go back home for vacation: besides the costs of the ticket , you usually don’t have to worry about hotel or food. I have a friend that his wife (both Indians) take their kids back to India every year for 2-3 months during summer time. I know Haitians that do the same (send kids to Haiti for same time frame) or like my wife and I did do the reverse (we were sent to the US or Canada to spend the summer with family).
|
|
haapai
Junior Associate
Character
Joined: Dec 20, 2010 20:40:06 GMT -5
Posts: 5,882
|
Post by haapai on Aug 1, 2018 14:44:29 GMT -5
I wonder what the house would have been worth two years ago. Her odds of refinancing were probably better then. It's also possible that had she sold two years ago, she could have walked away with enough to be able to buy a place much closer to where she now lives.
Seeing people priced out of a neighborhood is painful. I'm trying to get a sense of how much digging in her heels has cost your neighbor. I'm ignoring that $80K line of credit and what it might mean and just trying to get a bead on how refusing to acknowledge that one is priced out of a neighborhood can make a bad situation worse.
ETA: If we could hang some numbers on this scenario and do the math it would definitely provide an excuse to rationalize our gawking. It would magically become not gawking but a practical illustration of the dangers of having a half-interest in a home in a rapidly appreciating neighborhood.
|
|