A friend of mine wanted me to ask this for him, to see what other people would do in his situation. He and his wife had separated over a year ago. They are scheduled to go to court at the end of the month about child support, custody, and the marital home. He has no dispute about child support, and is already giving her money weekly to help out. And since the children are teens, he is not arguing about custody becuase he thinks it should be their choice. As for the home, he wishes it to be sold, and pay off any debts accumulated in the marriage. She does not want to sell, and wants exclusive ownership. He has a lawyer, but wants to know if it would be better to try to settle it out of court, his lawyer advises him to go. What are advantages and disadvantages of this? Should he just go to court? What are his risks of settling it outside the courtroom, or inside? Anyone been in this situation before?
2006-11-10 06:55:06 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Does she have enough money to buy his half of the equity in the home and keep it? If not, then the judge will probably require that the home be sold and the proceeds divided equally. As for paying off the family debts, if they go to court, these can be divided, although not necessarily evenly among the two of them. He could wind up paying off most of the debts if she is not financially able to do so. Settling out of courts is usually unwise when there are any disputes on property settlements or other aspects of a divorce, although those seem to be taken care of already. But, the property settlement and the debts can cause alot of headaches if they are not agreed to prior to settling, whether it be in or out of court.
2006-11-10 12:49:53 · answer #1 · answered by lildragonlexi 4 · 0⤊ 0⤋
First of all make sure the court and both of their lawyers know that he is giving her money. Court would definatley be better, so if she doesn't go through with her part of the agreement, only she is at fault. Maybe if he gives her exclusive ownership, he could make part of that deal for her to pay off the debts, since she owns the house. Plus, if she has the house, and he doesn;t, she can use it for collateral for anything SHE owes or buys. Either way there are going to be riskes, as well as pluses and minuses for whatever he decides. I personally would go with my lawyer and make sure everything is in writing.
2006-11-10 07:03:02 · answer #2 · answered by Fuzzy 3 · 0⤊ 0⤋
I would suggest that all issues be settled in court and documented as part of the divorce decree. While it sounds like a great idea to do stuff outside the court room, there's always the chance that issues can get heated and ugly and parties won't live up to what they agreed to.
Best to always protect yourself.
2006-11-10 07:13:12 · answer #3 · answered by Royalhinney 7 · 0⤊ 0⤋
It is best to let her keep the house if she agrees to take the debts. Otherwise she should pay him for his interest in the house. He will only run up debts with legal fees if they fight it out in court. Most lawyers enjoy running up their bills. A possible solution could also be to put the house in the children's name and both parents take responsibility for debt settlement. Most times it is cheaper for the wife and kids to stay in the home than moving.
2006-11-10 07:01:10 · answer #4 · answered by old codger 5 · 1⤊ 0⤋
if you settle out of court there is less legal fees so it is cheaper but it is up to the person. but most time the court will give the house to the person who has the children so their isn't any change in ther life and if she can afford the morgage and what not justlet her keep it and wash your hands of it.
2006-11-10 07:07:34 · answer #5 · answered by christina c 3 · 0⤊ 0⤋
A friend of mine was getting a divorce and they owned a business together. He wanted to sell and she didn't so his lawyer said if she wants to keep it she would have to buy his share of the business from him.
2006-11-10 07:03:53 · answer #6 · answered by melbow35 2 · 0⤊ 0⤋
a good common solo I found out early on become to "Shook Me All evening long" with the help of AC/DC. not something rapid picked, greater often than not slides and bends. i'm not a super AC/DC fan, yet that become a chilled solo to check on.
2016-11-23 14:30:01 · answer #7 · answered by ? 4 · 0⤊ 0⤋
It doesn't matter what she wants to do with the house unless she can buy out his half of the equity.
2006-11-10 07:10:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Sell his share to her and pay his debt. Thats what my husband did.
2006-11-10 07:08:05 · answer #9 · answered by martha g 2 · 0⤊ 0⤋
HE SHOULD THINK ABOUT THE TEENS. I AM SURE THROUGH THE DIVORCE (TRAUMATIC ENOUGH), THEY CERTAINLY DO NOT WANT TO BE UPROOTED. THEY NEED SOME TYPE OF STABILITY; THEIR FRIENDS, SCHOOL, ETC. THEY MIGHT THINK OF HIM AS A CAD, IF HE MAKES HER SELL. GOOD LUCK TO HIM, LET US KNOW THE OUTCOME!
2006-11-10 10:46:45 · answer #10 · answered by brxny2000 5 · 0⤊ 0⤋