Any way out of this housing scenerio...Law knowledgeable?

Question

Divorced couple in 2000, buys a house together in 2003 because of kids. He wants to sell, she doesn't. She wants 25K to move out which he doesn't have right now. She has a lawyer, he does not. The kids wish to stay with the father. Both names on the deed of the house, only his name on the mortgage. Any suggestions for this situation and the easiest way out for both?

Answer 1

Since they are divorced, no "dower rights" apply making the house a simple investment bought by two individual investors. I suggest you first get an appraisal of the property to see what equity exists within the property to be split (assuming there is at least twice the amount "she" is demanding) and refinance the house to get the money to pay her off, get her off the title and the mortgage (if "she" is on title, "she" is on the mortgage but perhaps not on the promissory note) and allowing "him" to sell, stay or whatever. If the appraisal shows less than twice the amount she is demanding, use it as a negotiation tool to lower her demand. Don't forget to take in consideration fees associated with selling the house when looking at the appraisal.

Answer 2

He needs to hire an attorney today. This would have to be somehow related to the divorce decree and providing housing for the children. Not to state the obvious, but they should have had some exit clause. I assume he does not live there? To reclaim his rights as an occupat he may have to move back into the house.

Answer 3

It depends on where you live and whether or not dad has custody of the kids. Some states offer grace periods for parents to live in the house if they are the primary custodian of the kids.

You should contact the local Bar Association. Many attorneys provide free or low cost (like $30/hr.) legal consults.

Good luck.

Answer 4

Ever think about taking her fishing on Christmas's morning in the bay?

Give her the 25 k in payments if you have to.