my wife left me in may. she wrote to my lawyer stating she wanted her name of the title deeds now she is trying to force me to sell the house can she do this
2007-09-09 00:26:53 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
probably. she will pull you by your testicles, through your wallet, before she is finished with you.
2007-09-09 00:29:33 · answer #1 · answered by Anonymous · 0⤊ 1⤋
She can only force you to either buy her out or sell the house. You have a choice between the two if her name is on the deed and/or legally married.
She is entitled to what ever portion your place of residence allows for spouses in a divorce settlement unless she waived it in your divorce. So she can force you to pay her that which ever method you choose.
If she has a good lawyer she can have the house appraised and you will be forced to give her her proportion one way or the other of the value of the house. If she doesn't have good lawyer, you can put the house up for sale for $1. and buy it back giving her a proportion of the sale price.
Another option is, if you don't completely own the house you can default on the mortgage and she will also be held responsible for her share of it and have to pay it out in full if she wants to own it but that would give you both a bad credit rating for 7 years so think very carefully if you choose this option. It's your financial reputation too.
Either way you will have to pay her for her share.
The only exception I know of is if you owned the house prior to your marriage. Then you are grandfathered into the ownership and she can only receive the prorated share of the payments according to the years you were married against the years that you owned the home.
Good Luck!
2007-09-09 07:52:28 · answer #2 · answered by unknown friend 7 · 0⤊ 0⤋
You dont say if you have any children-if theres children involved the law says they have to be housed until they are 16, and that could either be by you selling the house and giving your ex enough money to buy a new home or her living in the marital home until kids are 16 and then the house gets sold and profits shared between you. If you have no kids she is entitled to half the house, she cant make you sell it but you may have to raise a mortgage to give her half the equity.It does mean you dont have to move. see a solicitor. Hope it all gets resolved for you.
2007-09-09 08:00:13 · answer #3 · answered by dances 7 · 0⤊ 0⤋
I'm no lawyer, but in a divorce, most times things are split 50/50 so you may have to, unless you can pay her for her half of the house. Then you will be able to keep it. At this point you may need to talk to an attorney who will give you all the info you will need in money matters of a divorce. Protect your own ASSets!!!
2007-09-09 07:34:46 · answer #4 · answered by Needtoknow 5 · 1⤊ 0⤋
You need to get legal advice. She cannot remove her name from the deed or notes until you have a settlement in terms of divorce and even then all the issues need to be sorted out. You could buy her out and have her name removed at the time of closing and then you would own the house and she would have no claim.
2007-09-09 08:31:39 · answer #5 · answered by tichwoli 3 · 0⤊ 0⤋
If the house is community property and you go to divorce court, the judge will order you to either sell the house and split the money 50/50 or one of you can buy the other out.
2007-09-09 10:46:51 · answer #6 · answered by Sweet Suzy 777! 7 · 0⤊ 0⤋
Yes if you have no dependants. You should sell and split everything 50/50. She is going to start a new life and you must do the same. I wish more women had the courage to leave husbands and partners. I firmly beleave women who walk out do so for very good reasons, and if women do not get the things they want or expect from a marriage should leave, You did not do enough to keep her, you did not keep her interested.
2007-09-09 07:58:54 · answer #7 · answered by Anonymous · 0⤊ 1⤋
sorry honey but if her name is on the deeds then she can force you to sell the house or you can give her the money for her half and remain in the property.
2007-09-09 11:34:26 · answer #8 · answered by fruitcake 7 · 0⤊ 0⤋
The best thing for you to do is respect her wishes and get her name taken off the title. Once that is done she can't make you sell the house because it will be in your name only :)
2007-09-09 07:34:25 · answer #9 · answered by Anonymous · 0⤊ 1⤋
She has the right to her half of the house, you can offer to buy her out of the mortgage, if you are able to take the whole mortgage on. If not then you may have to sell.
2007-09-09 08:18:26 · answer #10 · answered by Ellie L 5 · 0⤊ 0⤋
Yes, she can if you can't buy her out. Unfortunately, it seems the only people who gain financially from of a Divorce are the Solicitors/Lawyers!
2007-09-09 07:48:48 · answer #11 · answered by Jules 4 · 0⤊ 0⤋