2007-10-17 01:59:00 · 12 answers · asked by Julie B 1 in Family & Relationships ➔ Marriage & Divorce
One has to buy out the other or sell the house to pay the mortgage and split any remaining cash.
Contact an attorney.
Good luck.
2007-10-17 02:05:39 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You have yet to receive a valid answer because of the question.
It matters NOT that both parties are on the mortgage. A mortgage does not convey ownership interest, only debt and the attending responsibility.
If, however, BOTH parties are listed on the DEED, then one of three things will need to happen:
1. Either party may apply for and receive a no-contact order which would force the other party to vacate;
2. Both can live together in the home until such time as the court awards the home to one or the other.
3. One or both parties can leave the home and either share in the rental income or the sales proceeds.
Now, if you want to know what MIGHT happen during the divorce that's easier.
1. One party will sign a quit claim deed in favor of the other and 'take' in equity during the property settlement or take a share of the equity during refinance;
2. The home is sold and the equity divided according to court order;
3. Both parties retain ownership interest in the home with one party remaining in the home until all minor children have reached the age of majority, then the home is sold and the parties divide the proceeds according to the property settlement.
Don't fall prey to hearing something then assuming it is correct. Again, the mortgage means nothing in regards to property ownership rights.
2007-10-17 02:26:42 · answer #2 · answered by hexeliebe 6 · 0⤊ 1⤋
nothing as long as you remain at this impass. You have only one real choice and that is to sell the house and split the money. If neither will leave perhaps you should rethink this divorce. If it is truly about the house you need to sell it and split the money so that you can both move on with your lives. This house is going to be the source of a continued powerstruggle between the two of you and the only real fair thing to do is to sell the house, pay off the mortgage and then split the rest evenly and then go on with your seperate lives. there is no way to do anything if you are both on the mortgage, and probably the deed and neither will leave. Thisstubborn power struggle might be what is at the root of your divorce
2007-10-17 02:09:18 · answer #3 · answered by CindyLu 7 · 1⤊ 1⤋
Watch the movie Fatal Attraction, it`s only a movie but shows what can happen if one of you doesn`t leave.
If you can`t come to an agreement , then see a lawyer for the best advice. The matrimonial home is an emotional asset to both of you, both do not want to let it go. Too bad you didn`t feel that way about each other, or you could probably fix the relationship trouble.
2007-10-17 02:05:39 · answer #4 · answered by I tell it like it is 5 · 0⤊ 1⤋
The court will order the house be sold and both parties spilt the sale proceeds 50/50
2007-10-17 05:22:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
well it depends on if either of you are violent to one another if the husband is violent to the wife then the wife can go get an expartie (I'm not sure of i spelled that right but it works like a restraining order) against the husband and he will be removed from the home and the same goes for the wife.... and if there are kids in the home it will work even better for either party...
2007-10-17 02:11:13 · answer #6 · answered by bcokinos88 2 · 1⤊ 1⤋
This is where attorneys and come in handy, if you both cant find compromise in the situation then its time to bring the law in. I mean someone must leave, so if neither of you can come to an agreement then it looks like you might end up in a court of law.
2007-10-17 02:16:08 · answer #7 · answered by penelope 5 · 1⤊ 1⤋
Watch the movie War of the Roses. Sell the house.
2007-10-17 02:02:09 · answer #8 · answered by Rein 5 · 1⤊ 1⤋
if you are an American go to court and eventually things will be sorted and the woman most probably gets half the mans stuff which probably includes the house
2007-10-17 02:21:59 · answer #9 · answered by cassandraajufoh26 2 · 1⤊ 1⤋
Nothing can make the other leave and leaving is abandonment. I'd stay put.
2007-10-17 02:05:58 · answer #10 · answered by tjnstlouismo 7 · 1⤊ 1⤋