CCL
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Post by CCL on Aug 1, 2018 15:00:11 GMT -5
I'm wondering if hubby already got some of his equity via that 80k line-of-credit.
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swamp
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Post by swamp on Aug 1, 2018 15:05:14 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.No. Not in NY
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haapai
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Post by haapai on Aug 1, 2018 15:22:07 GMT -5
Swamp, do dowagers' rights or divorce decrees ordering the property to either be sold (and the proceeds split) or refinanced constitute an ownership interest in real property? How about being an heir to an estate that contains real property? I'm curious because I bought with a first-time home-buyer program that required me to state that I had not had any such interests in real property for the last X number of years.
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justme
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Post by justme on Aug 1, 2018 15:57:11 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). Well I did leave that as an option 😉 My family does something similar, but I also know that even flights are expensive since my bro spends more than his mortgage payment on just the flights to get there. Betting she does too!
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Deleted
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Post by Deleted on Aug 1, 2018 16:32:18 GMT -5
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. No. Not in NY. Wow. That's kinda scary. When the Ex and I bought our house in NJ the house we were buying was only in the husband's name but the wife also had to sign a separate section of the deed. Swamp, do dowagers' rights or divorce decrees ordering the property to either be sold (and the proceeds split) or refinanced constitute an ownership interest in real property? How about being an heir to an estate that contains real property? I'm curious because I bought with a first-time home-buyer program that required me to state that I had not had any such interests in real property for the last X number of years.
It's "right of dower", not dowager's rights.
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swamp
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Post by swamp on Aug 1, 2018 17:21:39 GMT -5
Swamp, do dowagers' rights or divorce decrees ordering the property to either be sold (and the proceeds split) or refinanced constitute an ownership interest in real property? How about being an heir to an estate that contains real property? I'm curious because I bought with a first-time home-buyer program that required me to state that I had not had any such interests in real property for the last X number of years.
Dower isn't a term I'm famililar with other than stuff I see in old deeds and estates, so my answer would be no.
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Post by Deleted on Aug 1, 2018 17:33:55 GMT -5
Dower isn't a term I'm familiar with other than stuff I see in old deeds and estates, so my answer would be no. Well, my knowledge came mostly from working summers for a law firm when I was in college- 1972, 1973 and 1974. I'd say that's ancient! In Ohio, at least, if you were married and the title was in your name, the other spouse had to sign away their "right of dower" on the deed.
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wvugurl26
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Post by wvugurl26 on Aug 1, 2018 17:54:38 GMT -5
Cost of the plane ticket and suitcases full of stuff that's not available/expensive in the country. My former landlord always had at least one suitcase full of stuff when he went to Vietnam.
US chocolate, shampoo, tooth brush heads and so on. Nothing too expensive individually but it all adds up to a $500+ Costco trip.
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haapai
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Post by haapai on Aug 1, 2018 18:09:02 GMT -5
Dower isn't a term I'm familiar with other than stuff I see in old deeds and estates, so my answer would be no. Well, my knowledge came mostly from working summers for a law firm when I was in college- 1972, 1973 and 1974. I'd say that's ancient! In Ohio, at least, if you were married and the title was in your name, the other spouse had to sign away their "right of dower" on the deed. Did that right of dower get waived (sometimes) when the property in question was acquired or when it was sold?
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Post by Deleted on Aug 1, 2018 18:15:44 GMT -5
Did that right of dower get waived (sometimes) when the property in question was acquired or when it was sold? When it was sold. Here you go- a chart by state. In MD if the wife isn't on the title he/she doesn't have to sign the deed when it's sold. In Ohio, as I remembered, the spouse does have to sign if it's the "homestead". www.worldwidelandtransfer.com/marital-signature-requirements/
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haapai
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Post by haapai on Aug 1, 2018 18:27:43 GMT -5
I think that you should edit that last post with the words "or mortgaged'.
What does TIL stand for? I'm guessing that the T stands for "transfer" and willing to go out on a limb to guess that the I stands for "in" but I'm not willing to state what my guess regarding the L is.
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Post by Deleted on Aug 1, 2018 18:47:33 GMT -5
Might be Truth in Lending (I had to look it up). If it applies to the disclosure forms the lender provides, maybe that refers to whether or not a spouse not on the deed/mortgage has to sign an acknowledgement that he/she received them.
When I divorced in NJ in 1997, the closing in which we sold the marital home and I bought my new home took place only a week or so after the decree had been issued. I asked my attorney what would have happened if the decree hadn't come through and I'd had to buy the new house while still legally married to my STBX. She said it would have been messy. I wonder if we would have had to track him down to sign away his rights when I sold in 2003. Darn glad it didn't come to that.
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Post by Deleted on Aug 1, 2018 18:49:58 GMT -5
I am not a lawyer. But you read all the time about significant others acquiring rights to a home that their spouse "bought" before marriage but is paying the mortgage on. If family income is used to pay the mortgage, I would think she acquired that type of rights to part of that property. It might take a lawyer to clarify that, but she's getting a divorce. I live in a state where DH had to sign for the refinance, but the deed is still only in my name. After he signed, I went to the courthouse to add him to the deed, and I was told that it wasn't that "easy." I would have to hire a lawyer who dealt with deeds to do that. It's very confusing if you think about it. He had to sign if I refinanced. He automatically inherits a part of the house (dower rights) if I die. Can I sell it without his permission, though? Who knows. Who cares.
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ners
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Post by ners on Aug 2, 2018 5:34:56 GMT -5
I live in Ohio and when I was in the process of divorce I had to be at the closing and sign some paperwork about my dower rights. Thank goodness I was there because the loan paperwork was not what had been presented for the worse. I remember making the real estate person very angry. They needed the loan to close. It was a new build.
If I recall correctly I had a right of 1/2 interest in the property even though I was not on the mortgage or the deed.
When I divorced I signed away my rights. In fact in the decree it says the divorce acts as signing away the rights if I refused to sign the form.
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TheHaitian
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Post by TheHaitian on Aug 3, 2018 8:44:04 GMT -5
So did some nosiness online again this morning per MIL request and on the deed website there was a Lien put against the house by her as of 07/27/18.. So some details of the lien :
1.- The divorce was final January of 2017 and the wife was awarded the house.
2.-The husband was to vacate the property by Feb 28, 2017 (by then he had already moved out because we moved in August 2016).
3.- Sign over ownership of the property to the wife no later than January 31, 2017
4.- He did not obey the court order and has attempted to sell the home as of July 2018
5.- There is a motion of contempt that was filed against him June 16, 2018
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Post by Deleted on Aug 3, 2018 8:50:35 GMT -5
That's pretty awful- instead of deeding it over to her he tries to sell it out from under her! The realtor should have done his/her homework before doing any work on the listing.
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TheHaitian
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Post by TheHaitian on Aug 3, 2018 8:57:10 GMT -5
So based on the information I just found and posted... who is in the wrong?
The husband is refusing to sign the deed/house over and I am guessing is because he does not want to sign it over till he is sure she can get a mortgage under her name on the house. He signs the deed over yet mortgage is still under his name and his equity is still in the house... He is SOL. I can see his side.
But in her case, he has tried to steal her house from her. The judge awarded her the house, and as she posted online he is refusing to sign over the quick deed as ordered by the court. So he is in the wrong, absolute wrong and it is not her fault... she has tried to get a mortgage but was not approve for one.
I am finding it curious that a judge would order him to quick deed the house to her without in exchange having his share of the equity in the house and the mortgage that is under his name paid off. I mean I would not be one to want to sign up for that.... and after all he was her husband so I am sure he has an idea about her income, finances and capability of getting a mortgage (after all he did buy it under his own name 15 years ago) which I am guessing that is why he never sign the quick deed for 1.5 years after the divorce now.
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TheHaitian
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Post by TheHaitian on Aug 3, 2018 9:03:28 GMT -5
That's pretty awful- instead of deeding it over to her he tries to sell it out from under her! The realtor should have done his/her homework before doing any work on the listing. But is he wrong? I am assuming here that the motion of contempt filed against him in June of 2018 got all this "drama" in motion. Because she went on vacation last year (summer and winter break) and he did not try something like that. I think he is not signing over the deed as a way to keep her motivate to get a mortgage, buy him out and pay off the other mortgage that is under his name. By her filing a motion of contempt in June... that basically "woke up the sleeping bear". I am not saying he is right, obviously there is a court order and all... But I don't think she is right either thinking he should still keep on waiting after she has been unable to secure financing on the house 1.5 years after the divorce was final. Two wrongs don't make it right... but who is more wrong?
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wvugurl26
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Post by wvugurl26 on Aug 3, 2018 9:12:20 GMT -5
What does the divorce say about her getting a mortgage? If it doesn't give specifics and he tried to sell it, he's definitely in contempt of their divorce settlement.
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gs11rmb
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Post by gs11rmb on Aug 3, 2018 9:13:01 GMT -5
I think he is more in the wrong. For all you (and we) know, the deal could have been she keeps the house and equity and he doesn't split any retirement funds with her... or something similar. I don't think she's in any danger of not paying the mortgage because it is much cheaper than anything else she could rent or buy.
ETA - I'm guessing new wife wants to buy a home but can't because the mortgage is in his name. If this was his agreement during the divorce then they'll just have to wait until the mortgage balance is low enough that she can get approved for a mortgage in her own name.
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TheHaitian
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Post by TheHaitian on Aug 3, 2018 9:23:01 GMT -5
What does the divorce say about her getting a mortgage? If it doesn't give specifics and he tried to sell it, he's definitely in contempt of their divorce settlement. Don't know... all we know about the divorce is what I found in the lien she filed and what she has shared with MIL and our neighbors. 3 other people came by the house so far today to look at it, at 542k in this area... good price!
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Post by Deleted on Aug 3, 2018 9:28:47 GMT -5
I am finding it curious that a judge would order him to quit-claim the deed for the house to her without in exchange having his share of the equity in the house and the mortgage that is under his name paid off. I mean I would not be one to want to sign up for that.... and after all he was her husband so I am sure he has an idea about her income, finances and capability of getting a mortgage (after all he did buy it under his own name 15 years ago) which I am guessing that is why he never sign the quick deed for 1.5 years after the divorce now. He got bad advice or a bad deal- pick one. My Property settlement was negotiated so my Ex and I worked with our attorneys to spell out a property settlement and the court approved it. If that's what he did (not something you can tell from the public records), he never should have agreed to it knowing that she was unlikely to qualify for a mortgage in her name only. If that's what the court decided, I feel sorry for him and it as a bad decision by the judge. It happens a lot, though- I used to read a real estate column in the paper and she got quite a few letters from people asking for advice because the ex-spouse had full title to the house after the divorce but both their names were still on the mortgage.
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TheHaitian
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Post by TheHaitian on Aug 3, 2018 9:32:43 GMT -5
I think he is more in the wrong. For all you (and we) know, the deal could have been she keeps the house and equity and he doesn't split any retirement funds with her... or something similar. I don't think she's in any danger of not paying the mortgage because it is much cheaper than anything else she could rent or buy. ETA - I'm guessing new wife wants to buy a home but can't because the mortgage is in his name. If this was his agreement during the divorce then they'll just have to wait until the mortgage balance is low enough that she can get approved for a mortgage in her own name. Their mortgage is $900/month... heck the interest on my mortgage is more than that each month. But she needs a mortgage to cover more than the remaining balance but also buy him out of his share of equity
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gs11rmb
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Post by gs11rmb on Aug 3, 2018 9:37:26 GMT -5
I think he is more in the wrong. For all you (and we) know, the deal could have been she keeps the house and equity and he doesn't split any retirement funds with her... or something similar. I don't think she's in any danger of not paying the mortgage because it is much cheaper than anything else she could rent or buy. ETA - I'm guessing new wife wants to buy a home but can't because the mortgage is in his name. If this was his agreement during the divorce then they'll just have to wait until the mortgage balance is low enough that she can get approved for a mortgage in her own name. Their mortgage is $900/month... heck the interest on my mortgage is more than that each month. But she needs a mortgage to cover more than the remaining balance but also buy him out of his share of equityAre you sure? I mean we're assuming that's the case but what if part of the divorce settlement was that she got to keep the home's equity? How do you know she needs to pay him half the equity?
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TheHaitian
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Post by TheHaitian on Aug 3, 2018 9:42:17 GMT -5
I am finding it curious that a judge would order him to quit-claim the deed for the house to her without in exchange having his share of the equity in the house and the mortgage that is under his name paid off. I mean I would not be one to want to sign up for that.... and after all he was her husband so I am sure he has an idea about her income, finances and capability of getting a mortgage (after all he did buy it under his own name 15 years ago) which I am guessing that is why he never sign the quick deed for 1.5 years after the divorce now. He got bad advice or a bad deal- pick one. My Property settlement was negotiated so my Ex and I worked with our attorneys to spell out a property settlement and the court approved it. If that's what he did (not something you can tell from the public records), he never should have agreed to it knowing that she was unlikely to qualify for a mortgage in her name only. If that's what the court decided, I feel sorry for him and it as a bad decision by the judge. It happens a lot, though- I used to read a real estate column in the paper and she got quite a few letters from people asking for advice because the ex-spouse had full title to the house after the divorce but both their names were still on the mortgage. You may be right... I just don't see myself signing over the deed to the house to my ex-wife yet there is still a mortgage under my name. No rights to the house but the liability.... yeah we are selling that place if within 3 months you do not get it re-financed and me off the mortgage.
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gs11rmb
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Post by gs11rmb on Aug 3, 2018 9:48:47 GMT -5
TheHaitian... you might have a lot more sense than your neighbor .
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Post by Deleted on Aug 3, 2018 9:59:53 GMT -5
He got bad advice or a bad deal- pick one. My Property settlement was negotiated so my Ex and I worked with our attorneys to spell out a property settlement and the court approved it. If that's what he did (not something you can tell from the public records), he never should have agreed to it knowing that she was unlikely to qualify for a mortgage in her name only. If that's what the court decided, I feel sorry for him and it as a bad decision by the judge. It happens a lot, though- I used to read a real estate column in the paper and she got quite a few letters from people asking for advice because the ex-spouse had full title to the house after the divorce but both their names were still on the mortgage. You may be right... I just don't see myself signing over the deed to the house to my ex-wife yet there is still a mortgage under my name. No rights to the house but the liability.... yeah we are selling that place if within 3 months you do not get it re-financed and me off the mortgage. Ex 1.0 and I did this. He signed over the deed but stayed on the mortgage for 8 years. He even refinanced with me once. He'd still be on it today if I didn't refinance in my own name in 2012. It worked out for us fine. He was still able to buy another (much cheaper) house that he fixed up and put an addition on. After he got off my mortgage he sold his place for a fat profit and bought a bigger place with a lot more land and outbuildings.
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andi9899
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Post by andi9899 on Aug 3, 2018 10:16:07 GMT -5
I live in KS which recognizes common law marriage. When Baby Daddy and I split, he had every right to the house even though I bought it in my name and we were never married. When we split we drew up a divorce decree and I was awarded the house and any equity/debt that came with it. He didn't care just so long as he got to keep his car. So she may have been awarded the house without paying him anything. I was and I was never even married.
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bean29
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Post by bean29 on Aug 3, 2018 10:24:27 GMT -5
Their mortgage is $900/month... heck the interest on my mortgage is more than that each month. But she needs a mortgage to cover more than the remaining balance but also buy him out of his share of equityAre you sure? I mean we're assuming that's the case but what if part of the divorce settlement was that she got to keep the home's equity? How do you know she needs to pay him half the equity? So, she is supposed to get the equity, but he listed it for less than it is worth (his motivation being, he doesn't get the $$anyways?) If it sells, she will not even have the full equity to re-invest in another house. That is really sinister.
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ners
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Post by ners on Aug 3, 2018 10:25:18 GMT -5
When I divorced (dissolution) my papers specifically say the divorce will serve as a quit claim deed if I refused to sign the quit claim deed.
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