is asking me to sign papers saying im responsible for any damages that have happend since the divorce... I have lived in the house since the divorce and taken care of the property and pets since the divorce happend... he wants all the equite and escrow that has occured but we have payed all bills 50/50// should i sign the papers and give him all the equite or should i be entitled to half of the equity?? the reason for the divorce was he cheated on me and i have evidence of it.... please someone give me good legal adivice...
2007-08-07 18:41:02 · 11 answers · asked by dewman_30 1 in Family & Relationships ➔ Marriage & Divorce
wow you guys all have such good adivce... i do agree i need to get legal advice but i just am afraid of the cost.... Ill add one more detail to see if anyone can help me understand it more... we bought the house as a married couple.. he has paid for the reality cost but it has never sold... so now he is wanting to live in it and im suppose to find a new place in 35 days... we split everything 50/50 after the divorce.... but i have had to maintain the house/land/pets since the divoce... which does cost money.. especially after 9 months... do i just let him take over the payments and give him the equity and escrow? or do i fight him with a lawyer?? the property value has decreased alot since we bouth it.. bought for 190 asking 176 and still no takers.. please help me.. :(
2007-08-07 19:08:41 · update #1
one other thing, when i signed the divoce papers i agreed i would take the best offer... but is it the best offer if he is the one refinancing it to live in with his new gf?? he is telling me this is my best offer and to take it so it will be done.... please help :(
2007-08-07 19:19:20 · update #2
don't sign anything without legal advice
2007-08-07 18:46:09 · answer #1 · answered by charlesjerrell 7 · 0⤊ 0⤋
You never ever ever ever ever sign a legal document without consulting your own attorney if you don't understand what you are signing.
So get the papers from him, tell him you are taking them to your own attorney before signing - and go from there.
If he gets pissed off at you about it - you pretty much have your answer as to if he is trying to screw you or not.
Typically, btw, you are entitled to half the equity in a divorce. He may get a larger portion since you have been living in the home since the divorce - but you still are entitled to some of it. It depends a lot onwhat you agreed to about the house during the divorce.
The reason for your divorce - is a non-issue when it comes to this matter.
2007-08-07 18:54:12 · answer #2 · answered by allrightythen 7 · 0⤊ 0⤋
Listen to Kathyw, she's right, this is too high stakes to get advice from anyone but an attorney. Yes you are entitled to 1/2 the equity, he's trying to pull a fast one on you. Sign nothing until you have talked to a lawyer.
2007-08-07 18:49:05 · answer #3 · answered by ophirhodji 5 · 0⤊ 0⤋
equite=equity?
And where do you live? If you live in the U.S...
Surely your divorce decree addressed the property settlement. What did it state in regard to the house? You need to pull it out and read it.
By the way, in most states (as in almost all states) him cheating is irrevelant—it has no effect on martial property division. Generally speaking (assuming this is a martial home, purchased with martial funds), you would normally be entitled to 50% of the equity. Again, you need to read the divorce decree.
2007-08-07 18:54:49 · answer #4 · answered by kp 7 · 0⤊ 0⤋
if he cheated on you and you have proof. than he has abandoned you. HELL no dont give him all the equity in that house you are entitle to 50 just like he is. if you dont want the house anymore have him buy you out, and than he will be responsible and than you move on with you profit. screw him seek the advice of a lawyer with him paying some of your legal fees. DO NOT sign those papers until you have sought legal advise...good luck...GodBless
2007-08-07 18:48:24 · answer #5 · answered by Crystal G 5 · 0⤊ 0⤋
Talk to your lawyer, This doesnt smell right to me at all. I wouldnt sign anything with out legal counsel. He shouldn't be able to retain all of the equity on the house not if everything is 50/50.
2007-08-07 18:49:03 · answer #6 · answered by gem753 3 · 0⤊ 0⤋
You're asking the right question: you're asking for good legal advice. The problem is this is a high-stakes situation and the only person who can give you good legal advice is a good lawyer who can talk to you, ask the right questions, and help you when you go to court. Don't do a single thing until you talk to a lawyer!
2007-08-07 18:45:28 · answer #7 · answered by kathyw 7 · 1⤊ 0⤋
Sweet Pea the best thing to do is sell the house and split the proceeds. Good luck!
2007-08-07 18:45:11 · answer #8 · answered by b n real 4 · 0⤊ 0⤋
I wouldn't give him a damn dime. Tell him if he needs money to talk to his new gf. He left not you. Talk you your lawyer. If the house was awarded to you and the agreement is that he needs to pay 50% then make him pay.
2007-08-07 18:49:03 · answer #9 · answered by littleme836 6 · 0⤊ 0⤋
i wouldnt sign them coz if he refinancing the house he can also get as much money as they will loan him and if he defaults on that loan they will come after you for it.. if you sign them you will be as liable as him for those payments. i would talk to my lawyer first and see whats going on.. good luck
2007-08-07 18:55:03 · answer #10 · answered by Kat 5 · 0⤊ 1⤋