Wife left. Her name is on the mortgage. I don't want her back, I just need to know how I can get her name off of all of my stuff, like mortgage and other household bills. Can she legally come and go (into my home) whenever she wants?
2006-11-16 04:32:51 · 17 answers · asked by PhoenixRising 1 in Family & Relationships ➔ Marriage & Divorce
file for divorce
2006-11-16 04:39:59 · answer #1 · answered by Anarchy99 7 · 0⤊ 0⤋
The answer to your question depends on if you reside in a community property state or not. If you reside in a community property state, your wife would be required to be on the mortgage loan application even if she has a bad credit score, bad credit or would not pay a dime toward the monthly mortgage payment. If you and she decide not to have her on the mortgage application, she would be required to sign a quit claim deed prior to the closing of the purchase transaction. This would be required by the mortgage lender. By her signing this quit claim deed, she is indicating she has no legal standing in the purchase or future in this purchase. Most mortgage lenders would use the middle score of the individual earning the most annual income in deciding the interest rate of a mortgage loan. By adding her to the mortgage loan application and her income, it might lower your debt ratio, thus you would be approved to buy a more costly house. If your wife has bad credit scores her scores would not be used if you earn more income than she. If your marriage does not work out, you would not be the one making the decision as to what marriage assets you keep and pay for. A judge would make this decision. If your wife agree to this decision at this time, her divorce lawyer would claim the decision was made under duress or some other method that would favor her. In a divorce the gloves come off and the divorce become a bare knuckle brutal affair. I don't understand the fact that she would not be on the mortgage loan application, yet you want her to sign a document indicating she would split the mortgage payments each month. It might be to your benefit to have your wife on the mortgage loan application, pay the monthly mortgage together, if there happen to be a divorce, then let the legal divorce system take it's course. All the financial planning in the world would not prevent a vindictive woman from ruining you financially or getting the house because she has your children. In our society women and children are protected financially and from abuse. I hope this has been of some benefit to you, good luck. "FIGHT ON"
2016-03-28 22:33:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Been right where you are at today and it is not a good feeling. Well it is obvious that you will need a lawyer to protect yourself financially. If you have joint bank accts. you will most likely have to remove your name and open a new acct because in my experiece my soon to be ex refused to take her name of the accts so she would still have access. As far as the mortgage you can forget about it because she will always have marital rights so she is entitled to 50% of any proceeds if you decide to sell. Marital rights extends to your 401k and other retirement funds as well, that's right 50%. I'd recommend looking into removing her as a beneficiary of your life insurance policies, taking her off your medical insurance, and canceling any of those type of policy's that you may have on her because quite frankly, you are going to need the money.
As for the coming and going, about the only thing you can do is maybe get a restraining order but there has to be a reason. You do have to let her get her stuff so maybe you lawyer can work out some type of supervised visit to allow for this.
Now you say you don't want her back. But the saying "it's cheaper to keep her" is ooh so true. Maybe if you can give her some space and time that counseling could possibly be an option. But if you can't reconcile then her are some things to consider:
Don't get caught up in being bitter. You are about to be hit in the pockets big time so no since in getting upset with it.
Don't be afraid to get a good lawyer. Don't be cheap, you get what you pay for, believe that.
Finally whatever you do don't threaten her in anyway because if you do, everything I just mentioned to you becomes 10 times worse.
Well good luck and I pray things work out the way you need them too.
2006-11-16 04:54:20 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Yep as long as her name is on that mortgage that is her home. Get yourself a lawyer and get her name off the home once you start divorce proceedings. Be prepared for her to have legal rights to half of the equity in the home. Don't try anything shady ..courts do not like that. You will make yourself look bad in court and risk losing the home handing it right over to her. If both of you can't not agree on the split of equity a judge can order you to sell the home and split the profits.
2006-11-16 04:37:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes. She can legally come into the home. Contact an attorney ASAP get his opinion and then, Contact all of your creditors and either close the accounts that are joint or change them into your name only if possible (but check with an attorney). Depending on what state you are in, it may or may not be a community property state which can determine your next course of action. Check with your bank as well. She may have hit that too. But above all, get the advice of an attorney because laws vary from state to state and you don't want to get into hot water with any of these actions I've suggested, but you do need to protect yourself. If you want, change the locks too. Good Luck
2006-11-16 04:39:44 · answer #5 · answered by Carrie H 3 · 0⤊ 0⤋
The laws very from state to state. Get to an attorney now. You can not afford to wait. Get to your checking account and savings account legally you can draw half out. My ex took it all before I got there. I had the locks changed after talking with an attorney. I could only do it because I did not have keys for all the doors. I also had to let him know I was changing the locks. Get a detective and see what she is up to. Keep your nose clean and your bills paid. Good luck!!!!
2006-11-16 04:47:21 · answer #6 · answered by springer 3 · 0⤊ 0⤋
Everyone here is right. Get a lawyer...now! Do not change the locks. That will just be a needless expense since you'll have to give her the new key. She has every right to come in and out of the home. Sorry, but half of that property belongs to her.
2006-11-16 05:11:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Get some good legal advice and change the locks on your doors, take her name off the the utility bills and credit card accounts. Also get a legal separation agreement. Good Luck.
2006-11-16 04:43:28 · answer #8 · answered by Sunshine Suzy 5 · 0⤊ 0⤋
Everyone is right...get a lawyer. You can usually get temporary orders that prevent her from entering the home during a divorce proceeding.
2006-11-16 04:54:22 · answer #9 · answered by James Y 1 · 0⤊ 0⤋
A good lawyer and a divorce is the answer. I hate to say it however, that's the only way to get this behind you.
I can only hope you filed your taxes separately.
2006-11-16 04:36:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer
2006-11-16 04:35:04 · answer #11 · answered by prizelady88 4 · 0⤊ 0⤋