divorce?? she left about a year ago on her own free will, she has a house of her own( she might be on housing,since she dont work) she wants half of what the house is worth but it is being bought on a land contract and is kinda dumpy, so its not worth much. She says its worth $38,000 but probably not. Their is a protection order on her since she came over and kicked in the back door,etc. so she isnt allowed over here. i want this settled since we live here and we need her name off. we are broke paying for this divorce,child support,etc. so no way to pay her off, what should we do?? real legal answers please!!
2006-08-17 04:36:21 · 11 answers · asked by sexy momma 1 in Business & Finance ➔ Renting & Real Estate
Tricky question. If the house is being bought on a land contract then she has shaky legal right to any of it--since someone else owns the property. Typically she could get off title if she signed a quit-claim deed. But if she is on the mortgage also, then you'll need to refinance. You can pay her off using an owelty lien if there is equity in the property. If this is a true land contract and the seller is still on title, you might talk to him about your situation... Call me if I can be of further assistance.
Rick Lanicek
(800) 256-0817 Ext 202
www.primelendingonline.com
2006-08-17 05:45:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the house is being bought on a land contract, then you don't have a title, do you? I thought land contracts were like renting until you get enough credit to buy. Anyhow, I always heard that you had to reapply for the loan. If she kicked in the back door, have you spoke to a lawyer about counter-suit? Or using this as proof that she's not "mentally capable" of taking care of the kids? Seriously, talk to a lawyer if you don't have one. Many give free advice or don't charge unless you win the case. If you have a protection order on her I don't see how she could qualify as fit to be a parent. If you guy's had the kids, then you wouldn't have to pay child support.
2006-08-17 05:08:13 · answer #2 · answered by CHRISTINA 4 · 0⤊ 0⤋
Have you gotten your divorce decree yet? As part of the divorce, you should have a decree or judgment stating who gets what assets. Once you get that piece of paper stating that you own the house free and clear, you can probably go to a title company or lawyer and have the papers drawn up. Or in the alternative, you can get your ex to sign a quit claim deed - signing over her share to you.
2006-08-17 04:44:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Ur best thing to to, other than burring her 6 foot under, is to go to Ur local citizens advice bureau, they can help with free legal advice, but at a guess i'm going to say Ur going to have to go back to court
what the title of the house not settled in the divorce?
2006-08-17 04:46:32 · answer #4 · answered by caprilover79 3 · 0⤊ 0⤋
This is a legal question, so get your answer from your lawyer. Let her have the house and apply your share of its worth against child support.
2006-08-17 04:47:54 · answer #5 · answered by James S 3 · 0⤊ 0⤋
first look into your divorce decree - it should have stated who is the legal owner of the property - if it shows that her half interest was supposed to be surrendered to you - your attorney should have filed that with public record along with anything else you paid
for him/her to do for you - if not youll have to get her to sign off on another deed to be filed most likely - contact a local title agency or real estate attorney to find out what your state laws require for you to do to make it right - if your decree states that she was to get half - then you either need to pony up half of the value to her to keep the property or dispurse half of the funds from the sale of the property to her - if that is the case and you havent done this you could be in violation of your decree - good luck
2006-08-17 04:59:38 · answer #6 · answered by g g 2 · 0⤊ 0⤋
I think your divorce lawyer should have written that into the divorce decree that the house would be titled over to you. That's what happened when I got divorced. House title went in her name, other property went in my name. Look at your divorce decree.
2006-08-17 04:44:31 · answer #7 · answered by snvffy 7 · 1⤊ 0⤋
theres papers the lawyer can draw up that takes the house out of her name when you divorce i cant rember what they are but i signed mine away in the last divorce
he got the house and the child support the kids were old enough to choose where they wanted to live
2006-08-17 04:44:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You have to get her to voluntarily sign a quit claim deed. You may have to compensate her for it, but after it's over, she won't have any claim to the property. If you are divorced, this matter should have been settled already by the court.
2006-08-17 04:46:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I think the house would have to be paid off and refinanced under the name of the other person.
2006-08-17 04:41:52 · answer #10 · answered by EPnTX 4 · 0⤊ 0⤋