ok me and my husband are having problems i had a house i bought on my own and we sold it he took the money. We bought a new house he makes the payments but he dosent want the house but i want to refinance in my name but the loan we have now is in his name only and i want to put it in my name only the house is in both of our names he says he will not sign no papers letting me put the house in my name unless i give him 4,000 dollars he won't compromise with me and he says this is his house and he will leave when he want to. But he don't want to be responsible for the debt everything in the house is mine that i paid for by myself without funds from him. He has taken almost 30,000 from our refinance and the other house we sold and sent it back to his country for safe keeping. I do daycare out of our home so that is my income. We have one small child what can i do???? Anyone went thru this before??
2007-02-02 13:30:25 · 7 answers · asked by mistiful2001 2 in Family & Relationships ➔ Marriage & Divorce
Well, he will have to be paid 1/2 the equity in this new house, and then everything will be changed you your name. Also, any of that money he "sent for safe keeping:" is still community property. But, if that money is not in his name at this time, then it is lost.
The home you owned before you were married was solely yours. When you sold it after you were married, that money became community property. Even if it had been inherited( as someone stated earlier), the moment you sold it, the money became community property. Worst case, you lost that money he sent to where ever, and you have to pay him the 1/2 the equity that you two have in the home. I would see what amount of equity you have in the home. It you have $40K in equity, then rightfully, he is entitled to $20K of that. I would jump on his offer of $4000, you would be getting off cheaper than is required.
Again, the money he sent away is community property. But, if he has it sitting somewhere in someone else's name(must be a really trusted person), then you can kiss that money goodbye.
2007-02-02 13:59:27 · answer #1 · answered by ? 5 · 0⤊ 0⤋
When you file for divorce your attorney can ask the judge to give you the house and your hubby will have to do what the judge orders, but keep in mind he could make you pay some of the equity that's built up in the house. As far as the money from your already sold home, I'm pretty sure you can kiss that goodbye unless you can prove he has hidden monies somewhere. Can you get copies of the accounts in his country? If you can odds are you can force him to split that with you, especially if you can prove the money was deposited during your marriage.
2007-02-02 21:38:20 · answer #2 · answered by sharpeilvr 6 · 0⤊ 0⤋
The key is what does the law in your state allow.
You made a mistake early by putting your own money in the house and let him take that money. After that, the word is COMINGLE. Your and his money have since been together so you can no longer separate which is whose without a piece of paper showing prior agreements.
But he is also bullying you by saying he takes the money but not the debt. By law, each partner has equal share of money and debts. Unless he has squandered the $30k in Las Vegas, that amount is still traceable and if it goes to his own asset (car, house), you can get half.
The first step is to have a lawyer deal with him and immediately have a clear separation of finance. Otherwise, he can still take money from the joint account or borrow money and let you share the debt. But that is minimum $10k of legal fees down the stretch for each side. You better hope he doesn't turn ugly.
2007-02-02 21:55:15 · answer #3 · answered by Sir Richard 5 · 0⤊ 0⤋
I would just cut your losses and make sure in your divorce that you sell the house and split any profit. You need to just get far away from this man. Sometimes we just pay to get away. Good Luck
2007-02-03 00:03:35 · answer #4 · answered by smile4u 5 · 0⤊ 0⤋
you need a lawyer for this you have many options, if you can trace the old house to money that was yours before you married or beter yet an inheritance your golden, but get a good lawyer...
2007-02-02 21:34:21 · answer #5 · answered by Jane Doe 3 · 1⤊ 0⤋
Hire an attorney and make sure you don't get screwed out of anything.
2007-02-02 21:46:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think you need real leagal advise on this. I would contact a lawyer.
2007-02-02 21:39:31 · answer #7 · answered by *queenfairy1*Antioch California 7 · 0⤊ 0⤋