I left my husband 16 mos. ago. I live in an apt. We haven't lived together since 05/06/05. I had a sep. agreement sent to him by a lawyer but he won't sign it.
He lives in the home we own for free.
This past June, he emailed me that he would buy me out of our home when he could afford to-when he and his sister sold their deceased parents' home and use the money from that sale to pay me.
I tracked the sale of his parents home, & discovered that it was under contract. My RE agent called his RE agent and was told that the parents' home would be settled on by Sept. 8th but I may have TROUBLE getting the money from him because someone told him that it's HIS inheritance money. True, but he will eventually HAVE to buy me out with the no-fault divorce law in my state at the end of 2 yrs. That's in 8 mos.
I emailed him to tell him that I know he'll have the money soon and I need a proof of funds letter to keep house hunting according to my RE agent. No reply. I'm worried.
What should I do?
2006-08-30 11:55:20 · 8 answers · asked by Oh Wise One 2 in Family & Relationships ➔ Marriage & Divorce
Keep it up he will do anything he can to deceive, don't give in. Human nature dictates us stand up for what is ours, he can become extremmlly difficult and you must be patient and stand your ground. If the law says it is yours then thats it, follow your lawyers advice and leave it at that, don"t personally fight with him, or emails ect, time will fix it. 8 months is not that long i had to wait 3 years it nearly killed me but it worked, try to put your mind on other things and look forward to the future.Good luck
2006-08-30 12:39:58 · answer #1 · answered by jose 1 · 0⤊ 0⤋
Luckily for you, if he decides to wait this out he'll have to settle as part of the divorce. But, obviously you're hoping to get this resolved before then. Try to handle it calmly and dispassionately, and state your expectations, reminding him of what he said, etc...
Meanwhile, who's paying the mortgage on that house he's living in for free? Is it paid off?
If you're paying it even though you're not living there, threaten to stop unless he signs the separation agreement or picks up the payments. That ought to get him moving.
When it's time to set the divorce terms in court (since he surely won't come to an agreement with you) then the judge should take care of the rest.
That said -- you say it's a no-fault divorce law. No-fault divorce generally requires that both parties agree to the divorce and that they be able to negotiate the terms thereof.
So if he's refusing to even sign the separation agreement, why would he agree to a no-fault divorce? All he has to do is say "No, I didn't want her to leave" and then you can't get one!
Definitely talk to the lawyer who drew up the separation agreement for advice on that front...
Good luck!
2006-08-30 12:01:49 · answer #2 · answered by pixelscapes 3 · 0⤊ 0⤋
If the house is in your name as well, you have every right to half of what it is worth. If he wants to be difficult, you can get an attorney, and make sure that he pays you half of the mortgage he would have paid had you both lived there duirng the time he was living there for free. Unfortunately, attorneys are $$$, but then the guy who leaves the house usually looses more. My advise, see an attorney, and get the house sold, either to him or to a third party.. Good luck, hon
2006-08-30 12:22:01 · answer #3 · answered by ladyren 7 · 0⤊ 0⤋
My ex. sold his deceased parents home and court told me it was his inheritance so I got nothing and he walked away with it all. Inheritance is not included in a marriage if YOUR name is not on it. Is your name on the house title or did you just live in it and help pay the bills? that is why you think you own it ??? I don't see what there is to buy out because it is not yours in the first place. Sorry he doesn't have his parents anymore....I'd rather want my parents back than fight over a material item like that.
2006-08-30 12:19:37 · answer #4 · answered by c k 2 · 0⤊ 0⤋
You need to let your lawyer handle these matters. There are so many laws and loopholes you couldn't possibly know what to do to get this moving. If you try to do something on your own, it could work against you down the road. Let the lawyer take over. It will cost you, but in the end, it may cost you "less".
2006-08-30 12:00:45 · answer #5 · answered by paintgirl 4 · 0⤊ 0⤋
Get a lawyer and have it put in the divorce decree that he can either buy you out or sell the house and the profits are to be divided evenly. Don't let him dictate rather or not you want to keep a house in your name. But whatever you do please DO NOT do a quick claim deed. This will only give the house to him, not the mortgage payments.
2006-08-30 12:12:18 · answer #6 · answered by lady01love 4 · 0⤊ 0⤋
Your RE agent is fine for the house but for serious legal matters like this one you need a good, honest attorney.
2006-08-30 11:57:52 · answer #7 · answered by kitcat 6 · 0⤊ 0⤋
God hates divorce!
2006-08-30 11:57:35 · answer #8 · answered by Anonymous · 0⤊ 1⤋