they just got divorced recently. Her name is on the home property. Now it said on the divorce all property settlement has to be settled in one month. But does that apply to her because her name is on it and is it hers no matter what and she can take half the house when she wants?
2007-10-03 16:47:38 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Sounds to this old guy by the way you've explained it that yes indeed she is entitled to half of the property.
2007-10-03 16:50:20 · answer #1 · answered by crazylegs 7 · 1⤊ 0⤋
If they are in a community property state which means each get half of whatever they own then it does not matter that her name is on the property. They have to come to an agreement on what is to be done with the property. If she wishes to keep it then she has to buy his half out. Same for him if he wants to keep it then he has to buy her out,. If they choose to sell it then they would split any money from the sell equally. If they can not come to a decision then they will have to go back to court and let the courts decide (not recommended) You also need to know this. They are both still legally responsible for any and all bills that occur at the property. If she decides to let him buy her out she needs to bring a copy of the divorce settlement and the buyout papers to the mortgage company and have her name removed, she also needs to sign over the deed to him and vice versa. If she does not remove her name and he goes into default on the payments they can still hold her responsible.
2007-10-03 16:54:31 · answer #2 · answered by D and G Gifts Etc 6 · 0⤊ 0⤋
It depends on the state. he or she needs to consult a lawyer. I live in North Carolina, and we are a common property state. This means EVERYTHING is owned jointly by the married couple. Upon divorce, everything is divided in half...even things like 401k.
Best of luck!
2007-10-03 16:52:02 · answer #3 · answered by timandrea27103 3 · 0⤊ 0⤋
Its classes as marital assets, so therefore it would be classed as half hers.
All the assets and money gets pooled, and then divided........if the couple cant 'agree' then the judge will decide. Usually it goes 50/50 these days.
2007-10-03 17:16:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
after 12 yrs, i don't think of she fairly has an decision. have him get a criminal professional and document. i'm not sure i comprehend what you propose once you assert she will have the means to not provide him the papers nonetheless. edit- he desires the criminal professional to flow to courtroom on his behalf and clarify issues to the choose. they may well be waiting to subpoena her
2016-11-07 05:15:43 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Yes.
2007-10-03 17:47:07 · answer #6 · answered by I do 26.2 4 · 0⤊ 0⤋
unless you have all the documents that is show you are the one who paid all the housing payment/loan,then you can bring it to the court to persue.
2007-10-03 16:51:42 · answer #7 · answered by moonrider 6 · 0⤊ 1⤋
Yep.
2007-10-03 16:51:05 · answer #8 · answered by CC 6 · 1⤊ 0⤋