My wife and I have been married for a little over three years. We have just grown apart and will probably be getting a divorce soon.
When we first got married her credit was horrible, so most things are in my name only. Her credit has now improved and she can probably get a loan.
Both cars are in my name only, title and loan. The house loan is in my name only. The house deed is in both names. The credit card debt is in my name. Her school loans are in her name only.
When we seperate I would like to keep the house, the car I drive, and I'll pay for the credit card debt, it's less than $3000. She will have to pay her student loans herself. I would be willing to let her keep the car she drives as long as she got a loan to pay off what is owed in her name only.
What are the chances of me being able to keep the house? And getting her to get a loan to payoff the car that she drives?
2007-10-10 09:57:48 · 7 answers · asked by jtojtojto 1 in Family & Relationships ➔ Marriage & Divorce
We both work. I make around 50K, she makes around 40K. I am on contract 250 days per year while she is on contract 190.
The house was purchased about 6 months ago, so there is no equity in the house.
I don't mind having to sale the house, I would just like to avoid the hassle. I can make the payments fine without her.
I just hope a judge would allow me to keep the house and my car which is worth about $5k. Then make her get a loan for her car which is worth about $25k.
If I were made to pay for both cars the house and all other bills it would be cutting it close.
I know if she is given the house or the car and my name is still on either, she would not even help with the payment. She has made the comment in the past that if we ever divorced she would do everything she could to hurt my credit.
2007-10-11 02:33:42 · update #1
Unless you have signed a prenuptial agreement, everything you have accumulated (debts included) *together* as a husband and wife, will belong to both of you in many states.
It is unlikely you will keep all the expensive goodies. It doesn't matter what her past credit was, who paid for what or the fact these things are in your name - It will ultimately come down to the law in the state you reside.
A judge will apportion all assets/liabilities.
So is it possible you could keep the house? Yes, but not likely unless there is some other aggravating circumstance that allows for it (For example: You owned the house prior to getting married).
Get a lawyer - every state is different and only a lawyer can truly give you the answers you seek.
2007-10-10 10:20:49 · answer #1 · answered by Infernal Disaster 7 · 0⤊ 0⤋
Legally you and your wife are a single entity. If she takes out a credit card when you are married, they can come after her, you, or both of you even if it is only in her name and the divorce agreement says she had to pay. This happened to me. My ex took out $5000.00 of debit when were were married without my knowledge. My credit was screws for years.
Unless you purchased the house or the loans were take out BEFORE you were married, most states consider it community property and community debit and as such you both own the house and you both owe the loan. A judge will more that likely order you to either pay her half of the equity and pay off the rest yourself, or order you to sell it outright and give her half the profit. The same applies to the cars.
However, if you can convince a judge to agree with what you ask for anything is possible.
2007-10-10 10:13:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Does she work? that will have some part in what the judge agrees to. The judge might make you sell and split everything. You will probably get to keep your car. I'm not sure about making her get the loan in her name.
It also might depend on if she puts up fight with what you do and don't want.
Make sure you get a really good lawyer.
2007-10-10 10:07:30 · answer #3 · answered by Ann K 3 · 0⤊ 0⤋
"that is all things you would have to discuss with her but since you have no children you should be able to come to an agreement of some sort where you could keep the house. I hope things work out for you both!!
2007-10-10 10:07:58 · answer #4 · answered by Al B 7 · 0⤊ 0⤋
I have been there...my ex-husband had our home in his name solely as well therefore he got the house in our divorce.
Even though it was marital property New York State let him keep it.
2007-10-10 10:05:29 · answer #5 · answered by stronger than I thought... 1 · 0⤊ 0⤋
depending on her character she could get the house and make you pay for her car.
2007-10-10 10:20:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
hire an attorney.
2007-10-10 12:19:18 · answer #7 · answered by cfalways 5 · 0⤊ 0⤋