How should I proceed if I can't get an apartment? I should just give up the divorce idea right?

Question

I checked this week into getting a tiny cheap efficiency apartment. They asked a few questions and came back with the fact that I have excessive home loans in my name...can't rent to me...I said i would be selling the homes. dividing things with my husband.

I don't want to live with the hostility at home when i say I want to seperate. I literally can't get away!

I need a plan. If I can't get an apartment until I sell my home I will have to go into my 401k and use the money each month for the payment. (mortgage amount is what I earn each month). my car is worn out now almost and I can't get the car loan either as I don't earn enough according to the bank...used cars here I come...

my spouse is interviewing even as I type this and will probably be taking a position in another state. truley it feels like I am just getting out of college have no money everything is closed off to me for financial reasons. There is no where in my budget for health Ins. I am just ranting

thank you...I have good credit. I just earn a low income. It's called the Social Service field.

Answer 1

Depending on your state, you may be required to have a residence separate from your husband, to be granted a divorce. His moving out of state, however, makes this easy.

As it stands, it appears that you and your husband took out a larger-than-the-two-of-you-could-handle mortgage (or, after you took the loan, your income decreased). Which is why it's always a good idea to take out a lower mortgage than you can handle.

OK, that ship has sailed. Now what?

First, ensure that your husband is contributing his share to the mortgage.

Second, do get the house on the market ASAP. You can continue to live in it.

As a contingency on the sale of your home, let the sellers know that you'll want 30-60 days, after the sale, to rent-back.

When you get a buyer, THEN start applying for apartments. Let the landlord know that you've received a ratified contract for the sale of your home, but have not yet closed. Request that you be granted an apartment, subject to a successful closing. After the sale, you'll have piles of cash. The landlord will like that.

Worst comes to worse, you can pay the first few months of rent from your 401(k), until the house sells. Not usually a great idea, but if it's for 2-4 months, it's worth it.

Answer 2

First of all, its not going to give you more money to live in an apartment while still trying to sell your house. ( I assume you and your spouse agree to sell?)

Clean up the house, move as much clutter/excess stuff into storage or a friend's garage, and continue living in the house while its listed. Or, live with a friend temporarily.

Once you have a sales contract take it with you when you apply for an apartment and have the move-in date be very close to the closing date. That way its less likely for the deal to fall through and already have a lease somewhere else. If that same apartment complex wont work with you, go somewhere that will. Most understand how it works to sell a house.

Dont go get a new car. DO NOT DO NOT DO NOT. Having somewhere to live is much more important. Wait until the house is sold and if you have some cash use that for a car.

Answer 3

Take a deep breath....

Okay, you will have to take things one at a time. This situation obviously did not happen over night and there is no quick fix--you just have to take one step at a time. First, as to your living arrangements. The important step is to find somewhere to live where you have the peace to make these decisions. You may want to look at an extended stay place. You would have all of the amenities of a small efficiency apartment and you would just have to pay rent (either weekly or monthly). You will not have to pay for utilities, phone or cable. Save your receipts so that you can show an apartment complex that you have been paying your rent on time. Next step is your vehicle. If you are having to commute to work, you will need a reliable but not necessarily brand new vehicle or you could consider the bus or other public. transportation?

Answer 4

Find a woman's group. They can advise you. Also you may qualify for low income housing. Find a place close to work in case your car breaks down. Things usually get better. You may get money back on your income tax because you are single. Main thing is to hang in. I went through all those things and within a year I got through it all and now I have a better job and beautiful home and my live is wonderful. You can do it. It may be rough at first.

Answer 5

Obviously you're in a tough place.

However, you do have some options. (You always have option, even if they aren't options you like.

Yes, I suppose you could give up the idea of divorce. If it's reached the point where you've decided divorce is the best option, though, I don't think that's necessarily the solution.

On the other hand, who says that you have to get your own apt.? Sure, you're starting over. Lots of us start over.

Go rent yourself a room. You can find rooms for rent on all kinds of bulletin boards. (You might start with craigslist.org.) If you're able to afford it, you might be able to rent a room with a private bath.

No, it's not glamorous, but there are worse things.

Answer 6

You said "He is interviewing for a promotion and will be moving to another state."
Dilbert Principle - The most ineffective workers are systematically moved to the place where they can do the least damage: management.
It's a sign.
Together, you have not credit. Believe me, no credit. It's not your guilt.
Divorce and you will try to have a good name for the future.
Near your husband, you and he are lost.

Answer 7

Oh. You may write me the dreams you see, the interpretation may help. Take care!

Answer 8

Talk to friends or family to let you stay with them, temporarily, until this gets sorted out. Then sort it out and get your credit history straightened out.

Answer 9

Home > CIVIL CODE

Updated : 04/04/2006
Date of the last known amendment : Act no 2006-399 of 4 April 2006
Translated by Georges ROUHETTE, Professor of Law, with the assistance of Dr Anne ROUHETTE-BERTON, Assistant Professor of English.
LEGIFRANCE wishes to point out that only the French versions of the texts published in the Official Journal have legal force
and that the translations are provided for information purposes only.


..........................
Art. 299
Judicial separation does not dissolve marriage but it puts an end to the duty of cohabitation.

Art. 300
(Act no 2004-439 of 26 May 2004)
Each separated spouse keeps the use of the other's name. Nevertheless, they may be forbidden to do so by the judgment of separation or a further judgment, the respective interests of the spouses being taken into account.

Art. 301
(Act no 2004-439 of 26 May 2004)
In case of death of one of the judicially separated spouses, the other spouse shall keep the rights which the law grants to a surviving spouse. Where judicial separation is granted by mutual consent, the spouses may include in their agreement a renunciation of the rights of succession conferred upon them by Articles 756 to 757-3 and 764 to 766.

Art. 302
Judicial separation always involves separation of property.
Concerning property, the date at which judicial separation takes effect is determined as provided for in Articles 262 to 262-2.

Art. 303
Judicial separation leaves subsisting the duty of support; the judgment which grants it or a further judgment shall fix the periodical payments owed to the spouse in need.
Those payments shall be allotted irrespective of wrongs. The debtor spouse may nevertheless invoke, if there is occasion, the provisions of Article 207, paragraph 2.
(Act no 2004-439 of 26 May 2004) They shall be subject to the rules of maintenance obligations.
Nevertheless, where the consistency of the property of the debtor spouse so permits, the payments must be replaced, in whole or part, by the establishment of a capital, in accordance with the rules of Articles 274 to 275-1, 277 and 281. Where this capital becomes inadequate to cover the needs of the creditor, the latter may request a complement under the form of periodical payments.

Art. 304
Subject to the provisions of this Section, the consequences of judicial separation shall obey the same rules as the consequences of divorce stated in Chapter III above.
...................
Art. 305
Voluntary resumption of community life puts an end to judicial separation.
In order to be effective against third parties, it must either be established by a notarial instrument, or be the subject of a declaration to an officer of civil status. Mention of it shall be made in the margin of the record of marriage"of the spouses, as well as in the margins of their records of birth" (Act no 85-1372 of 13 Dec. 1985).
Separation of property subsists unless the spouses adopt a new matrimonial regime as provided for in Article 1397.

Art. 306
On request of one of the spouses, a judgment of judicial separation shall be converted as of right into a judgment of divorce where judicial separation has lasted two years (Act no 2004-439 of 26 May 2004).

Art. 307
(Act no 2004-439 of 26 May 2004). In all cases of judicial separation, the latter may be converted into divorce by mutual consent.
Where judicial separation was granted on mutual consent, it may be converted into divorce only by a new joint petition.

Art. 308
Because of a conversion, the cause for judicial separation becomes the cause for divorce; the allocation of wrongs is not changed.
The judge shall fix the consequences of divorce. The benefits and payments between spouses shall be determined according to the rules appropriate for divorce.

Art. 309
Divorce and judicial separation are governed by French law :
- where both spouses are of French nationality;
- where both spouses have their domicile on French territory;
- where no foreign law considers it should govern whereas French courts have jurisdiction over a divorce or judicial separation case.
.................................
Art. 263
(Act no 75-617 of 11 July 1975)
Where divorced spouses wish to contract another union between themselves, a new celebration of marriage is required.

Art. 264
Following divorce, each of the spouses loses the use of his or her spouse's name.
However, a spouse may keep the use of the other's name, either with his or her consent, or with the authorization of the judge, where he or she proves that a particular interest lies therein for him or her or for the children.

Art. 264-1
[repealed]

Art. 265
Divorce does not affect the matrimonial advantages which take effect during the marriage nor the gifts of existing property whatever their form may be.
Divorce involves by operation of law revocation of the matrimonial advantages which take effect only at the dissolution of the matrimonial regime or at the death of one spouse and of the transfers mortis causa, granted by one spouse to the other by an ante-nuptial agreement or during the marriage, unless the spouse who granted them otherwise decides. This decision must be established by the judge at the time when he decrees divorce and shall render irrevocable the upheld advantage or transfer.

Art. 265-1
Divorce does not affect the rights which either spouse gets from the law or from contracts entered into with third persons.

Art. 265-2
During divorce proceedings, spouses may enter into any agreements for the liquidation and partition of their matrimonial regime.
Where liquidation bears on property subject to land registration, the agreement must be drawn up through a notarial instrument.
..............
Art. 270
Divorce puts an end to the duty of support between spouses.
One of the spouses may be compelled to pay the other a benefit intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in the respective ways of living. This benefit shall be in the nature of a lump sum. It shall take the form of a capital the amount of which must be fixed by the judge.
However, the judge may refuse to grant such a benefit where equity so demands, either taking into account the criteria set out in Article 271, or where the blame lies wholly upon the spouse who requests the advantage of this benefit, considering the particular circumstances of the breakdown.

Art. 271
A compensatory benefit must be fixed according to the needs of the spouse to whom it is paid and to the means of the other, account being taken of the situation at the time of divorce and of its evolution in a foreseeable future.
For this purpose, the judge shall have regard in particular to:
- the duration of the marriage;
- the ages and states of health of the spouses;
- their professional qualifications and occupations;
- the consequences of the professional choices made by one spouse during the community life for educating the children and the time which must still be devoted to this education, or for favouring his or her spouse's career to the detriment of his or her own;
- the estimated or foreseeable assets of the spouses, both in capital and income, after liquidation of the matrimonial regime;
- their existing and foreseeable rights;
- their respective situations as to retirement pensions.

Art. 272
In the context of the fixing of a compensatory benefit, by the judge or by the parties, or on the occasion of an application for revision, the parties shall provide the judge with declarations stating on their honour the accuracy of their means, incomes, assets and ways of living.
(Act no 2005-102 of 11 Feb. 2005) When determining the needs and means, the judge may not have regard to the sums paid on the ground of compensation for industrial injuries and to the sums paid on the ground of the right to compensation of a disability.

Art. 273
[repealed]

Art. 274
The judge shall settle the details according to which a compensatory benefit in capital must be implemented among the following forms:
1° Payment of a sum of money, the divorce judgment being made subject to the establishing of the guarantees provided for in Article 277;
2° Allocation of property for ownership or of a right of use, dwelling or usufruct, temporary or for life, the judgment operating a forced transfer in favour of the creditor. However, the consent of the debtor spouse is required to allocate the ownership of property which he or she received by succession or gift.

Art. 275
Where a debtor is not able to pay the capital under the terms of Article 274, the judge shall fix the modes of payment of the capital, within the limit of eight years, in the form of payments made at fixed intervals index-linked in accordance with the rules applicable to periodical payments.
A debtor may request a revision of those modes of payment in case of a considerable change in his or her situation. By way of exception the judge may then, by a special judgment setting out the grounds on which it is based, authorize the payment of the capital on a total period of more than eight years.
[repealed]
A debtor may at any time redeem the balance of the index-linked capital.
After liquidation of the matrimonial regime, the creditor of a compensatory benefit may refer to the judge a claim for payment of the balance of the index-linked capital.

Art. 275-1
The modes of payment provided for in Article 275, paragraph 1, are not exclusive of the payment of part of the capital in the forms provided for in Article 274.

Art. 276
By way of exception, where the age or state of health of the creditor does not allow him or her to supply to his or her needs, the judge may, by a special judgment setting out the grounds on which it is based, fix the compensatory benefit in the form of a life annuity. He shall have regard to the factors laid down in Article 271.
The amount of the annuity may be reduced, where circumstances so demand, by the allocation of a fraction in capital among the forms provided for in Article 274.

Art. 276-1
(Act no 75-617 of 11 July 1975; Act no 2000-596 of 30 June 2000).- An annuity must be linked to an index; the index must be determined as in periodical payments matters.
The amount of an annuity before index-linking must be fixed in a uniform fashion for its entire duration or may vary by successive periods following the likely evolution of needs and means.

Art. 276-3
A compensatory benefit fixed in the form of an annuity may be revised, postponed or suppressed in case of an important change in the means or needs of either party.
Revision may not lead to increase the annuity up to an amount superior to the one initially fixed by the judge.

Art. 276-4
The debtor of a compensatory benefit in the form of an annuity may at any time refer to the judge an application for replacing all or part of the annuity by a capital. The replacement must be effected according to terms established by décret en Conseil d'Etat.
The creditor of a compensatory benefit may submit the same application where he or she establishes that a modification in the situation of the debtor allows that replacement, in particular at the time of liquidation of the matrimonial regime.
The details of implementation provided for in Articles 274, 275 and 275-1 shall apply. The refusal of the judge to substitute a capital to all or part of the annuity must be specially reasoned.

Art. 277
(Act no 2000-596 of 30 June 2000)
Irrespective of a statutory or judicial mortgage, the judge may order the debtor spouse to establish a pledge, to give security or to enter into a contract that guarantees the payment of the annuity or capital.

Art. 278
In case of divorce by mutual consent, the spouses shall fix the amount and terms of the compensatory benefit in the agreement which they submit to the judge for approval. They may lay down that the payment of the benefit will come to an end from the occurrence of a specific event. The benefit may be in the form of an annuity granted for a limited period.
The judge, however, shall refuse to approve the agreement where it fixes unfairly the rights and obligations of the spouses.

Art. 279
An approved agreement is enforceable at law as is a judicial decision.
It may be modified only by a new agreement between spouses, likewise submitted to approval .
Spouses have nevertheless the power to provide in their agreement that each of them may, in case of an important change in the means or needs of either party, request the judge to revise the compensatory benefit. The provisions of Article 275, paragraphs 2 and 3, and of Articles 276-3 and 276-4 shall also apply, depending on whether the compensatory benefit takes the form of a capital or of a temporary or life annuity.
Save as otherwise provided in the agreement, Articles 280 to 280-2 shall apply.

Art. 279-1
Where, pursuant to Article 268, the spouses submit for approval by the judge an agreement relating to a compensatory benefit, the provisions of Articles 278 and 279 shall apply.

Art. 280
On the death of a debtor spouse, payment of a compensatory benefit, whatever its form may be, must be set apart from the succession. Payment must be borne by all the heirs, who may not be liable for it personally, within the limit of the assets of the succession, and in case they are insufficient, by all the specific legatees, in proportion to their emoluments, subject to the provisions of Article 927.
Where a compensatory benefit was fixed under the form of a capital to be paid on the terms set out in Article 275, the balance of this index-linked capital falls immediately due.
Where it was fixed under the form of an annuity, a capital falling immediately due must be substituted. Substitution must be effected under terms fixed by décret en Conseil d'Etat.

Art. 280-1
Notwithstanding Article 280, the heirs may decide together to maintain the forms and arrangements for payment of the compensatory benefit which was incumbent on the debtor spouse, by obliging themselves personally to the payment of that debt. Under pain of nullity, the agreement must be established by a notarial instrument. It is enforceable against third persons from the time when notice of it is given to the creditor spouse where the latter did not intervene in the instrument.
Where the arrangements for payment of a compensatory benefit have been maintained, the claims provided for in Article 275, paragraph 2, and in Articles 276-3 and 276-4, depending on whether the compensatory benefit takes the form of a capital or of a temporary or life annuity, pertain to the debtor's heirs. The latter may also at any time discharge their debt of the balance of the index-linked capital, where the compensatory benefit takes the form referred to in Article 275, paragraph 1.

Art. 280-2
Survivor's pensions possibly paid in the deceased spouse's right must be deducted as of right from the amount of the compensatory benefit, where, at the time of the death, it took the form of an annuity. Where the heirs avail themselves of the power referred to in Article 280-1, and unless otherwise decided by the judge, a deduction of the same amount must still be granted where the creditor loses his or her right or suffers a change in his or her right to a survivor's pension.

Art. 281
The transfers and surrenders provided for in this Subsection must be deemed dependent on the matrimonial regime, whatever their terms of payment may be. They must not be placed on the same footing as gifts.

Art. 282 to 285
[repealed]

Art. 285-1
If the premises serving as lodging for the family are the separate or personal property of one spouse, the judge may grant it on lease to the other spouse who exercises alone or in common parental authority over one or several of their children where the latter have their usual residence in these lodgings and their welfare so requires.
The judge shall fix the duration of the lease and may renew it until the coming of age of the youngest child.
The judge may terminate the lease where new circumstances so justify.

Art. 276-2
[removed; cf. Art. 280-2]