I and my husband have been thinking about getting a divoice. I however am in the process of selling my home that I had before our marrige, I really need to sell my home now but my fear is because we live in a community property state and because he has expressed that he thinks he should be paid for the monies he has put towards the mortgage payments throughout our almost 4 yr marraige he feels I owe him in the event I sell the house and if we divoice- I really am not in agreement with this.
2006-08-07 06:38:00 · 9 answers · asked by june c 1 in Family & Relationships ➔ Marriage & Divorce
Oh boy..this one doesn't sound very fun!!
Is your husbands name on any of the documents for the house?? If not then I think you need to talk to a lawyer about what he is able to get from it. I don't think he should get anything if his name isn't on the document. There is no way to show that he paid for the house and not you unless there is proof...check stubs but how many guys keep those??
Good luck and consult a lawyer immediately!
2006-08-07 06:43:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
At the very least, according to community property laws, your husband is entitled to half of the appreciation on the home you owned prior to the marriage. However, since he has been helping with the mortgage payments, it gets even more complicated. (He's probably entitled to a portion of the original value based on his share of mortgage payments.) Not much you can do about it...and only a lawyer can sort it out.
Bottom line, you can't keep ALL the money away from your husband.
2006-08-07 06:52:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I was in the same boat, and didn't get squat! In fact she was able to buy a new home after we split, then include her new mortgage payment for computing allimoney. GO FIGURE and GO GET A LAWYER! That's your only safe bet on this issue.
2006-08-07 06:49:05 · answer #3 · answered by open_phunguy 3 · 0⤊ 0⤋
you can't--- he's in-titled to a share of community property(unless it's owned by someone else and they let you guys stay there).
since he put money toward the mortgage, give him his money from the 4 years he contributed to the home --- sorry, but that's how those things go if you married and didn't have a prenup
2006-08-07 06:44:25 · answer #4 · answered by jaimestar64cross 6 · 0⤊ 0⤋
get all the facts first. speak to a lawyer. not sure how this works but you want to have all the information before you go and sell your house,.
2006-08-07 06:42:28 · answer #5 · answered by mackey208 2 · 0⤊ 0⤋
My mind was going thru a lot of possible sneaky things you can do but it all boiled down to - get a good lawyer.
2006-08-07 07:04:18 · answer #6 · answered by Don S 5 · 0⤊ 0⤋
What you agree upon - unless someone is stupid enough to sign the type of paper the lawyer of my "ex" presented me before I got one of my own, is completely irrelevant.
You're probably going to have to write him a big check.
2006-08-07 06:44:31 · answer #7 · answered by wmp55 6 · 0⤊ 0⤋
Best Bet is to get a dam good lawyer
2006-08-07 06:53:24 · answer #8 · answered by MS 3 · 0⤊ 0⤋
Congrats on becoming another pathetic statistic
2006-08-07 06:44:38 · answer #9 · answered by Lothario 1 · 0⤊ 0⤋