Easier to settle in a divorce??rather than fight it out??

Question

Hubby and i are divorcing. My husband wants to sell our home?I want to keep our home but my attorney thinks it will be easier for all parties involved if we just sell the house that we bought for 389 grand now worth about 415 grand. I feel like a lot of time and effort went into that home though?Hubby also wants to sell all our furniture and split the money i dont feel comfortable doing that.He said i can keep the pets the Akita, and labrador retriever.He wants the all stock investments and the mutual funds in exchage for alimony of 250 dollars for 8 months? My attorney thinks i should agree to most of this and just tweak some of it rather than fighting it in court?

By the way alimony is for me not my hubby.

Answer 1

why don't you just give him 1/2 the equity in the house, then you don't have to sell it.....$250 dollars a month for 8 months doesn't sound like an equal split of all the stock investments and mutual funds...........it is better to agree, but make sure you are getting what you deserve....what about half his pension? what about half his 401K? which would matter only if you have been married 10 years or more....

Answer 2

I would say if you can buy him out then by all mean's you should be able to keep it. However, if you can't buy him out and give him a new start to then you should do the right thing and sell and split. He is already being nice about the invest stock and fund's for alimony. He sound's like he is trying to just move on and be as reasonable as possible. You may in time find your happier in your new home you make as well. Sorry to hear. Hope thing's work out

Answer 3

Chances are that in court, you willstill have the same result if decided outside of the court. Your attorney, by the way, is seeking the easiest way out instead of fighting here. You could buy out your husbands half of the house and furniture too, but hed probably want a lump sum for it and wont take payments and if your finances are tight, then by selling the house and splitting the proceeds after bills are paid, your attorney gets his money quickly. It sunds feasible for the stocks but really doesnt cover any future interest on them and that alone could be big. In my opinion, Im not sure who your attorney is looking out for here, but it doesnt sound to me that he has your total interests in his heart here. Hes too agreeable with your husbands attorney way too quickly here without putting your requests on the table first and then dealing from there. Just be careful here but yes, its a whole lot more beneficial to both parties to settle out of court but only if you agree to every term and deal. Then make sure to get it on paper exactly as agreed upon before signing anything as people have a problem transposing oral deals to paper. Good luck

Answer 4

Is your attorney the same attorney you husband has? If it is, then you need to seek out another opinion. Taking anything to court costs money and any profit you would make on your house could be spent on lawyer fees. I would weigh everything up.....look at the costs involved in taking it to court and decide if it is worth it. A court judgement is not always in your favour and sometimes doesnt make a lot of sense....sometimes a judge makes an order because he may have had a bad night and is not in a very good mood. The law is joke....the lawyers are the only winners. If you will lose out financially by settling out of court and the cost of going to court far is less than what you would gain, then take it to court. If you are going to lose money by taking it to court, then it doesnt make a lot of sense. If in doubt though......get another opinion from another lawyer....it never hurts getting second opinions.

Answer 5

It seems like you could do worse than this. You can buy a nice home for what you will get from the sale of your current home. Your standard of living will go down a bit, but that's to be expected. I would think that you should get alimony for longer than 8 months, though. Definitely get another lawyer's opinion before proceeding.

Answer 6

Whats to fight in court? If you want the house, buy him out...you really don't have much in equity...25k, which 1/2 is yours...I'd refinance, take his equity out and put the house in your name, done deal...take alittle more out for buying your share of furniture...pets need a home. What else would you need to go to court for...yes its easier to settle ...to fight in court both will end up using most of your financial resources to end up with much less than settling out of court...good luck.