souldoubt
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Post by souldoubt on Mar 18, 2019 15:45:58 GMT -5
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. Thanks for the clarification. I'm just assuming based on what's been posted that him giving her the house didn't involve him actually getting taken off the title/mortgage assuming he was on either or both in the first place.
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hoops902
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Post by hoops902 on Mar 18, 2019 15:47:28 GMT -5
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. Thanks for the clarification. I'm just assuming based on what's been posted that him giving her the house didn't involve him actually getting taken off the title/mortgage assuming he was on either or both in the first place. Yeah, it sounds like he "gave her the house" to this point by saying "yeah, it's fine if you keep the house, I don't want it". As opposed to anything remotely legally binding and detailed.
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tloony
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Post by tloony on Mar 18, 2019 15:53:09 GMT -5
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. I think you are up to something I am looking for. We both signed divorce papers where we marked that I am keeping the house. We both had no idea about legalities of this step - we just marked me keeping house because I didn’t want to move and he did. Keeping as staying in. Not anything else. NOW I woke up thinking IF my bf isnpayinh for it - he is entitled to something after it’s sold!
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tloony
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Post by tloony on Mar 18, 2019 15:54:08 GMT -5
Thanks for the clarification. I'm just assuming based on what's been posted that him giving her the house didn't involve him actually getting taken off the title/mortgage assuming he was on either or both in the first place. Yeah, it sounds like he "gave her the house" to this point by saying "yeah, it's fine if you keep the house, I don't want it". As opposed to anything remotely legally binding and detailed. Yes! I explained above. Before I’ve seen your post.
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tloony
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Post by tloony on Mar 18, 2019 15:56:59 GMT -5
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. My bf is paying more for his appt in NJ than my mortgage in a best area in PA cost! It’s 2000 sg.feet plus quieter of acre of backyard. Best public schools and no one in a right mind would lose THAT and move to NJ! Lmao
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hoops902
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Post by hoops902 on Mar 18, 2019 15:57:03 GMT -5
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. I think you are up to something I am looking for. We both signed divorce papers where we marked that I am keeping the house. We both had no idea about legalities of this step - we just marked me keeping house because I didn’t want to move and he did. Keeping as staying in. Not anything else. NOW I woke up thinking IF my bf isnpayinh for it - he is entitled to something after it’s sold! So the bigger worry will be...what if you want to sell the house later on, but he won't sign the papers since he'll own it? Sounds like you've figured out the split of the house, but none of the finances surrounding it.
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tloony
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Post by tloony on Mar 18, 2019 15:59:10 GMT -5
I think you are up to something I am looking for. We both signed divorce papers where we marked that I am keeping the house. We both had no idea about legalities of this step - we just marked me keeping house because I didn’t want to move and he did. Keeping as staying in. Not anything else. NOW I woke up thinking IF my bf isnpayinh for it - he is entitled to something after it’s sold! So the bigger worry will be...what if you want to sell the house later on, but he won't sign the papers since he'll own it? Sounds like you've figured out the split of the house, but none of the finances surrounding it. He who wouldn’t sign? Husband? I am not sure but I think when we marked I am keepingbit - he can be taken off the deed. I just reasnir as someone posted.
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Deleted
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Post by Deleted on Mar 18, 2019 15:59:32 GMT -5
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. My bf is paying more for his appt in NJ than my mortgage in a best area in PA cost! It’s 2000 sg.feet plus quieter of acre of backyard. Best public schools and no one in a right mind would lose THAT and move to NJ! Lmao You can't afford to buy him out or to pay for the house on your own. You might not have a choice.
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Deleted
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Post by Deleted on Mar 18, 2019 16:01:28 GMT -5
So the bigger worry will be...what if you want to sell the house later on, but he won't sign the papers since he'll own it? Sounds like you've figured out the split of the house, but none of the finances surrounding it. He who wouldn’t sign? Husband? I am not sure but I think when we marked I am keepingbit - he can be taken off the deed. I just reasnir as someone posted. I don't know if you guys just filled out some do-it-yourself divorce forms or what, but I've been divorced twice and it was never that easy. We still had attorneys writing everything up.
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tloony
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Post by tloony on Mar 18, 2019 16:17:20 GMT -5
My bf is paying more for his appt in NJ than my mortgage in a best area in PA cost! It’s 2000 sg.feet plus quieter of acre of backyard. Best public schools and no one in a right mind would lose THAT and move to NJ! Lmao You can't afford to buy him out or to pay for the house on your own. You might not have a choice. If my bf moving in...problem solved! If I get a renter - problem solved! There is always a choice. Right?
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tloony
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Post by tloony on Mar 18, 2019 16:18:00 GMT -5
He who wouldn’t sign? Husband? I am not sure but I think when we marked I am keepingbit - he can be taken off the deed. I just reasnir as someone posted. I don't know if you guys just filled out some do-it-yourself divorce forms or what, but I've been divorced twice and it was never that easy. We still had attorneys writing everything up. We’ve filed in court for $300. Ourselves with help of a clerk.
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hoops902
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Post by hoops902 on Mar 18, 2019 16:20:27 GMT -5
You can't afford to buy him out or to pay for the house on your own. You might not have a choice. If my bf moving in...problem solved! If I get a renter - problem solved! There is always a choice. Right? Except you don't know how that decree deals with the finances of it...so it seems just as likely that it says you have to pay him out his equity immediately. There's always a choice, but that choice is made in the divorce decree...and you don't seem sure what that choice was when you signed it.
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cottontail
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Post by cottontail on Mar 18, 2019 16:50:23 GMT -5
You have $130,000 in equity and you're not sure what happens to it. You need a lawyer ASAP. Maybe not to file everything for you, but to help you figure out what you should be doing at the least.
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tloony
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Post by tloony on Mar 18, 2019 16:50:42 GMT -5
If my bf moving in...problem solved! If I get a renter - problem solved! There is always a choice. Right? Except you don't know how that decree deals with the finances of it...so it seems just as likely that it says you have to pay him out his equity immediately. There's always a choice, but that choice is made in the divorce decree...and you don't seem sure what that choice was when you signed it. There weren’t much to answer. The only thing we’ve checked was who keeps the house. Nothing else was asked about finances.
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tallguy
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Post by tallguy on Mar 18, 2019 16:57:34 GMT -5
Doesn't really matter what you checked on the form. Whose name/s is/are on the title? Whose name/s is/are on the mortgage? Need to deal with those in a legal way or it could become very complicated later on for at least one of you and probably both.
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tloony
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Post by tloony on Mar 18, 2019 17:06:30 GMT -5
Doesn't really matter what you checked on the form. Whose name/s is/are on the title? Whose name/s is/are on the mortgage? Need to deal with those in a legal way or it could become very complicated later on for at least one of you and probably both. Both names on everything.
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NastyWoman
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Post by NastyWoman on Mar 18, 2019 18:00:55 GMT -5
Doesn't really matter what you checked on the form. Whose name/s is/are on the title? Whose name/s is/are on the mortgage? Need to deal with those in a legal way or it could become very complicated later on for at least one of you and probably both. Both names on everything. Yah... GET A LAWYER!!!
If you have $110k in equity $55k of that is his unless he legally waives that and signs a quit claim. On the upside: if that means you have to sell the house you will have more than enough money to spend a month in the Bahamas...
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tloony
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Post by tloony on Mar 18, 2019 18:05:13 GMT -5
Both names on everything. Yah... GET A LAWYER!!!
If you have $110k in equity $55k of that is his unless he legally waives that and signs a quit claim. On the upside: if that means you have to sell the house you will have more than enough money to spend a month in the Bahamas...
I agree it’s his! Because he paid into it! But if he will NOT pay tonit then why ta fuck??? Nobody forcing him outnof the house into renting!
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Deleted
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Post by Deleted on Mar 18, 2019 18:26:20 GMT -5
Yah... GET A LAWYER!!!
If you have $110k in equity $55k of that is his unless he legally waives that and signs a quit claim. On the upside: if that means you have to sell the house you will have more than enough money to spend a month in the Bahamas...
I agree it’s his! Because he paid into it! But if he will NOT pay tonit then why ta fuck Nobody forcing him outnof the house into renting! The vast majority of people do not want to live with their ex. Why would you want to live with HIM? You say he's made your life miserable for years.
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justme
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Post by justme on Mar 18, 2019 18:31:44 GMT -5
Yah... GET A LAWYER!!!
If you have $110k in equity $55k of that is his unless he legally waives that and signs a quit claim. On the upside: if that means you have to sell the house you will have more than enough money to spend a month in the Bahamas...
I agree it’s his! Because he paid into it! But if he will NOT pay tonit then why ta fuck??? Nobody forcing him outnof the house into renting! He's already paid into it so that's his. If he kept paying the mortgage for some strange reason then he would also be entitled to more money if the equity rose higher. It's not odd to not want to live with your ex wife and the court won't punish him for that. He's due the equity unless he decides to waive it.
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NastyWoman
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Post by NastyWoman on Mar 18, 2019 18:37:31 GMT -5
I am not a lawyer but you maybe the court decree could state something like xH has an interest of $55k in the house to be paid over xyz months/years starting <TBD>; upon sale of the house the remaining balance will become fully payable within xx days of the closing of the sale. Note that if I were STBX I would insist on an interest component for my share of the equity since no way in h*ll would I give my ex what amounts to a long-term interest free loan.
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tloony
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Post by tloony on Mar 18, 2019 18:41:53 GMT -5
I agree it’s his! Because he paid into it! But if he will NOT pay tonit then why ta fuck Nobody forcing him outnof the house into renting! The vast majority of people do not want to live with their ex. Why would you want to live with HIM? You say he's made your life miserable for years. We living in opposite sides of the house. He doesn’t bother me. I don’t give a shit’ he had been a housemate for years! So he can live in and even get fed. But he can’t stand to see me...so he is moving...
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tloony
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Post by tloony on Mar 18, 2019 18:43:00 GMT -5
I agree it’s his! Because he paid into it! But if he will NOT pay tonit then why ta fuck??? Nobody forcing him outnof the house into renting! He's already paid into it so that's his. If he kept paying the mortgage for some strange reason then he would also be entitled to more money if the equity rose higher. It's not odd to not want to live with your ex wife and the court won't punish him for that. He's due the equity unless he decides to waive it. He is due to whatever he paid into!!! Not for whatever he had not contributed!!!
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geenamercile
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Post by geenamercile on Mar 18, 2019 18:45:23 GMT -5
You could look at it this way, since you can't buy his 55,000 out he is loaning you that money until you either buy him out or you sell the house. So any increase between now and one of those things is the interest on that 55,000.
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tloony
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Post by tloony on Mar 18, 2019 18:51:14 GMT -5
You could look at it this way, since you can't buy his 55,000 out he is loaning you that money until you either buy him out or you sell the house. So any increase between now and one of those things is the interest on that 55,000. So got to keep the house until he is dead! N
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tallguy
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Post by tallguy on Mar 18, 2019 19:03:18 GMT -5
Well, you can either take care of it now when it would be relatively easy or wait until later when he could possibly be a roadblock to any possible plans or have his interest be worth way more than $55,000. Up to you.
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Deleted
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Post by Deleted on Mar 18, 2019 19:26:35 GMT -5
swamp - How does it work when people just submit the online forms and don't go through an attorney? Do they go before a judge and the judge requests clarification for things that are just hanging out there...like how the equity is going to be paid out? I can't imagine that all not being spelled out, but I suppose it happens if neither party cares enough to have it be put in writing.
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NastyWoman
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Post by NastyWoman on Mar 18, 2019 19:28:41 GMT -5
You could look at it this way, since you can't buy his 55,000 out he is loaning you that money until you either buy him out or you sell the house. So any increase between now and one of those things is the interest on that 55,000.
or you could agree on an interest rate to apply to the $55k. There is a risk either way: either the housing market collapses and he get less then the $55k or you set an interest rate of say x% and interest rates fall below that level and you pay more than you would otherwise have.
The one alternative you don't have is going to the bank for an additional $55k loan to pay off STX since you already told us that the bank won't lend you more money
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Deleted
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Post by Deleted on Mar 18, 2019 19:41:24 GMT -5
Our 'hood had a huge laugh several years ago when a neighbor got divorced (dna showed last baby wasn't DH's) and immediately listed the house for sale. In less than 24 hours the for-sale sign was down b/c ex-DH has equity until she buys him out. She's still living in the 'hood, baby daddy is long gone, etc.
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tloony
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Post by tloony on Mar 18, 2019 19:48:33 GMT -5
Our 'hood had a huge laugh several years ago when a neighbor got divorced (dna showed last baby wasn't DH's) and immediately listed the house for sale. In less than 24 hours the for-sale sign was down b/c ex-DH has equity until she buys him out. She's still living in the 'hood, baby daddy is long gone, etc. It’s retarded! Can’t equity be held for DH at the time of sale?
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