tloony
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Post by tloony on Mar 18, 2019 14:34:41 GMT -5
My husband is leaving the house and he refuses to contribute to a mortgage because he needs to take care of his bills and rent wherevers... Henis on SSD. House has $130k equity. Value $311k.
I am staying in the house. If my bf moves I. He will contribute to the mortgage. If I get renters - I’ll be paying the mortgage. And then when house is sold - my husbands get his share of whatever he didn’t contribute to?
How is this suppose to be resolved? Thanks
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tloony
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Post by tloony on Mar 18, 2019 14:36:59 GMT -5
Selling house is not an option.
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hoops902
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Post by hoops902 on Mar 18, 2019 14:45:25 GMT -5
Are you getting a divorce? That is how it gets resolved.
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tloony
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Post by tloony on Mar 18, 2019 14:59:36 GMT -5
Are you getting a divorce? That is how it gets resolved. What? Yes we getting divorce. I am staying in the house. He refusing to contribute to the mortgage. I didn’t understand your reply sorry.
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Deleted
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Post by Deleted on Mar 18, 2019 15:00:28 GMT -5
You said on the other thread your divorce is final next month. What does the divorce decree say?
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swamp
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Post by swamp on Mar 18, 2019 15:02:35 GMT -5
You and your husband work it out, otherwise the judge is going to tell you how to resolve it.
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tloony
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Post by tloony on Mar 18, 2019 15:04:13 GMT -5
You said on the other thread your divorce is final next month. What does the divorce decree say? I don’t have decree yet.
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swamp
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Post by swamp on Mar 18, 2019 15:09:12 GMT -5
You said on the other thread your divorce is final next month. What does the divorce decree say? I don’t have decree yet. did you come to an agreement with your husband or did you have a trial? These questions should probably be directed to your lawyer.
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tloony
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Post by tloony on Mar 18, 2019 15:14:04 GMT -5
You and your husband work it out, otherwise the judge is going to tell you how to resolve it. We getting simple divorce where it says I am keeping the house. Decree will come by mail. However just now it hit me! If he isn’t paying and I do - why will I be sharing value of the house with him?
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tloony
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Post by tloony on Mar 18, 2019 15:17:28 GMT -5
did you come to an agreement with your husband or did you have a trial? These questions should probably be directed to your lawyer. We had agreed on divorcing and me keeping the house. Verbally. THEN I was thinking IF my bf is moving in and paying mortgage - why is my husband should get value of the house after it’s sold? I think he should have portion of $130k and the rest is mine. Right? But should I get lawyer for THAT? And what kind of lawyer?
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Deleted
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Post by Deleted on Mar 18, 2019 15:21:35 GMT -5
I guess I'm confused. Are you saying you want him to keep paying the mortgage after you're divorced? I think you'll have a hard time convincing a judge of that if your husband doesn't just agree to it, and he'd be crazy to. Normally the one leaving gets paid out for his/her portion of the equity at the time of the divorce and the one staying continues to pay it on their own.
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Deleted
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Post by Deleted on Mar 18, 2019 15:24:35 GMT -5
I would seriously suggest at least an initial consultation with a Divorce attorney. Simple divorces are for when you already have the answers to every question and agree on them, and are good at paperwork.
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souldoubt
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Post by souldoubt on Mar 18, 2019 15:27:15 GMT -5
did you come to an agreement with your husband or did you have a trial? These questions should probably be directed to your lawyer. We had agreed on divorcing and me keeping the house. Verbally. THEN I was thinking IF my bf is moving in and paying mortgage - why is my husband should get value of the house after it’s sold? I think he should have portion of $130k and the rest is mine. Right? But should I get lawyer for THAT? And what kind of lawyer? Swamp or one of the other lawyers can chime in but if your husband's name is on the mortgage generally you need to get him off of it so that it's actually yours and yours alone. If he wants to be bought out then you'd have to buy him out of his share of the house. I would think (again not a lawyer) if your husband is still on the mortgage then if he goes and blows all his money and has creditors going after him they could come after the house since it's still in his name. You would also need his signature to sell the house later and he could say he's entitled to some of the proceeds.
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Deleted
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Post by Deleted on Mar 18, 2019 15:28:55 GMT -5
We had agreed on divorcing and me keeping the house. Verbally. THEN I was thinking IF my bf is moving in and paying mortgage - why is my husband should get value of the house after it’s sold? I think he should have portion of $130k and the rest is mine. Right? But should I get lawyer for THAT? And what kind of lawyer? Swamp or one of the other lawyers can chime in but if your husband's name is on the mortgage generally you need to get him off of it so that it's actually yours and yours alone. If he wants to be bought out then you'd have to buy him out of his share of the house. I would think (again not a lawyer) if your husband is still on the mortgage then if he goes and blows all his money and has creditors going after him they could come after the house since it's still in his name. You would also need his signature to sell the house later and he could say he's entitled to some of the proceeds. You can get them taken off the title and not the mortgage.
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tloony
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Post by tloony on Mar 18, 2019 15:30:01 GMT -5
I guess I'm confused. Are you saying you want him to keep paying the mortgage after you're divorced? I think you'll have a hard time convincing a judge of that if your husband doesn't just agree to it, and he'd be crazy to. Normally the one leaving gets paid out for his/her portion of the equity at the time of the divorce and the one staying continues to pay it on their own. None of us can afford to buy out another one. But how is it fair that he doesn’t contribute but has all the money when it’s paid off? Specially when no one forcing him out. It’s his choice to move out. He can stay and pay his share.
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hoops902
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Post by hoops902 on Mar 18, 2019 15:30:29 GMT -5
He's not going to get 1/2 of what you sell the house for unless the divorce decree says he is. It sounds like you're saying the divorce decree you've agreed to but don't yet have, says you will keep the house. What does it say (or what will it say) about his equity in the house, or how/if you'll pay him off for his portion of the house at the time you divorce, etc.
Commonly what will happen is if you are keeping the house, you'll put the mortgage in your name and take his off (assuming his name is on the current mortgage). But essentially, if you have $200k in current equity, you'd pay him $100k in equity when you divorce (either from cash, or refinancing) and then his name would be taken off the house.
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hoops902
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Post by hoops902 on Mar 18, 2019 15:32:00 GMT -5
I guess I'm confused. Are you saying you want him to keep paying the mortgage after you're divorced? I think you'll have a hard time convincing a judge of that if your husband doesn't just agree to it, and he'd be crazy to. Normally the one leaving gets paid out for his/her portion of the equity at the time of the divorce and the one staying continues to pay it on their own. None of us can afford to buy out another one. But how is it fair that he doesn’t contribute but has all the money when it’s paid off? Specially when no one forcing him out. It’s his choice to move out. He can stay and pay his share. "Fair" is whatever the 2 of you are agreeing to in the divorce. If you don't like it, then don't agree to it. Say "When I sell the house, you get $X" and have him agree. This is the time to do it, as you're getting the divorce done.
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Deleted
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Post by Deleted on Mar 18, 2019 15:32:43 GMT -5
I guess I'm confused. Are you saying you want him to keep paying the mortgage after you're divorced? I think you'll have a hard time convincing a judge of that if your husband doesn't just agree to it, and he'd be crazy to. Normally the one leaving gets paid out for his/her portion of the equity at the time of the divorce and the one staying continues to pay it on their own. None of us can afford to buy out another one. But how is it fair that he doesn’t contribute but has all the money when it’s paid off? Specially when no one forcing him out. It’s his choice to move out. He can stay and pay his share. This is why houses are often sold as part of the divorce.
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Deleted
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Post by Deleted on Mar 18, 2019 15:35:46 GMT -5
And seriously, why would he want to keep living there with you and your boyfriend and your boyfriend's kid?
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tloony
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Post by tloony on Mar 18, 2019 15:36:03 GMT -5
Swamp or one of the other lawyers can chime in but if your husband's name is on the mortgage generally you need to get him off of it so that it's actually yours and yours alone. If he wants to be bought out then you'd have to buy him out of his share of the house. I would think (again not a lawyer) if your husband is still on the mortgage then if he goes and blows all his money and has creditors going after him they could come after the house since it's still in his name. You would also need his signature to sell the house later and he could say he's entitled to some of the proceeds. You can get them taken off the title and not the mortgage.
Please explain. What’s the title? And what’s the difference between title and mortgage?
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Deleted
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Post by Deleted on Mar 18, 2019 15:36:43 GMT -5
You can get them taken off the title and not the mortgage.
Please explain. What’s the title? And what’s the difference between title and mortgage? The title is the deed to the property showing you own it. The mortgage is the loan.
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hoops902
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Post by hoops902 on Mar 18, 2019 15:38:03 GMT -5
You can get them taken off the title and not the mortgage.
Please explain. What’s the title? And what’s the difference between title and mortgage? The title is the ownership. The mortgage is the loan. The title only says who own the item. The mortgage only says who is responsible for paying the loan. Same as a car. My child might have a car registered in their name as the owner. But the loan on the car (mortgage) might be in my name because I'm responsible for paying on it).
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tloony
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Post by tloony on Mar 18, 2019 15:39:53 GMT -5
And seriously, why would he want to keep living there with you and your boyfriend and your boyfriend's kid? If he stayed my bf wouldn’t be moving in. He would be moving in because my husband is moving out. I’ve been telling him that forever. I even said he can have his gf whenever he wants in the house because I am out 3 days out of 7 anyway...
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tloony
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Post by tloony on Mar 18, 2019 15:40:33 GMT -5
Please explain. What’s the title? And what’s the difference between title and mortgage? The title is the deed to the property showing you own it. The mortgage is the loan. How do I do that? Divorce lawyer or who?
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Deleted
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Post by Deleted on Mar 18, 2019 15:42:07 GMT -5
And seriously, why would he want to keep living there with you and your boyfriend and your boyfriend's kid? If he stayed my bf wouldn’t be moving in. He would be moving in because my husband is moving out. I’ve been telling him that forever. I even said he can have his gf whenever he wants in the house because I am out 3 days out of 7 anyway... Why don't you just move in with your boyfriend and sell the house? Both you and your husband go your separate ways free of each other completely? It's easy to do once there are no minor children anymore. I would LOVE to just not be entangled with my ex anymore.
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souldoubt
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Post by souldoubt on Mar 18, 2019 15:42:37 GMT -5
Swamp or one of the other lawyers can chime in but if your husband's name is on the mortgage generally you need to get him off of it so that it's actually yours and yours alone. If he wants to be bought out then you'd have to buy him out of his share of the house. I would think (again not a lawyer) if your husband is still on the mortgage then if he goes and blows all his money and has creditors going after him they could come after the house since it's still in his name. You would also need his signature to sell the house later and he could say he's entitled to some of the proceeds. You can get them taken off the title and not the mortgage.
True I was assuming he's on both and they went hand in hand when they bought the place. To get someone off the title I'm assuming would require their signature though?
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hoops902
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Post by hoops902 on Mar 18, 2019 15:42:45 GMT -5
The title is the deed to the property showing you own it. The mortgage is the loan. How do I do that? Divorce lawyer or who? It would need to be part of your divorce decree..so yes, a divorce lawyer is a place to start. The divorce decree should clarify what's going on with the divorce, which includes how to handle big things like a house. He should have a lawyer too...it's hard to imagine this scenario not leading to you selling your house though...most people aren't going to be willing to leave a house with that much equity without getting paid out.
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Post by Deleted on Mar 18, 2019 15:43:15 GMT -5
The title is the deed to the property showing you own it. The mortgage is the loan. How do I do that? Divorce lawyer or who? Yes. You need a lawyer. You can't just file for divorce and have it be done. All this stuff needs to be agreed upon and spelled out.
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chapeau
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Post by chapeau on Mar 18, 2019 15:43:22 GMT -5
Please explain. What’s the title? And what’s the difference between title and mortgage? The title is the ownership. The mortgage is the loan. The title only says who own the item. The mortgage only says who is responsible for paying the loan. Same as a car. My child might have a car registered in their name as the owner. But the loan on the car (mortgage) might be in my name because I'm responsible for paying on it). State law can also affect that. I’m pretty sure that in PA if you’re on the loan you have to be on the title. Not sure about mortgages, but I was recently told that PA state law says vehicles must be titled in the same name(s) as the loan.
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Deleted
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Post by Deleted on Mar 18, 2019 15:44:47 GMT -5
You can get them taken off the title and not the mortgage.
True I was assuming he's on both and they went hand in hand when they bought the place. To get someone off the title I'm assuming would require their signature though? A quit claim was just part of my divorce. I think when ex signed off on the divorce he agreed to his name being taken off the title.
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