moms3kids
recently joined
Reged: 01/11/09
Posts: 24
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I kinda figured that but thanks, he's agreed that if he sells the house i will get all proceeds up to $50K back and he claims he will make the effort to repay it to me but we arent' sure how it can be put into the agreement. he says even if he refinaces the house and adds the $50K in there's no way he could make the house payment, that he's hardly going to be able to make the payment the way they are now. So i guess that's something eles we need to still talk about.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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It's unlikely ou will get the 50k back. Once that money was put into marital property it became marital property (unless there was something signed stating it is yours if you divorce). My x tried this. His parents gave us 10k toward the down payment on our home. I told him I'd make sure he got the 10k back (we walked away with about 15k after the bank was paid.) I thought that was fair....he got 10k and I'd take 5. Nope he wanted 12,500 and to give me 2500. It got split 50/50 because he was greedy and said he'd let a judge decide.
As for the comment about getting engaged.....that's exactly why you need to push for the clause. Tell that one to the judge and you'll get it for sure. I'd say if he doesn't agree let the courts decide.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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kinda figured that but thanks, he's agreed that if he sells the house i will get all proceeds up to $50K back and he claims he will make the effort to repay it to me but we arent' sure how it can be put into the agreement. he says even if he refinaces the house and adds the $50K in there's no way he could make the house payment, that he's hardly going to be able to make the payment the way they are now. So i guess that's something eles we need to still talk about.
Tell him you've decided the house is just going to be sold. He would have to have it refinanced before the divorce is final or within so much time (say 60-90 days) of the divorce being final. If he can't afford it then he can't and if he finds out he can't move your replacement in he's not going to want it anyway.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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moms3kids
recently joined
Reged: 01/11/09
Posts: 24
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well we saw the lawyer today my lawyer but he's going to do this for both of us. He said they just add a clause into the divorce that says you are responsible for this dept you for this if you dont pay your incontempt of court if the other party has to pay it. they can finalise this with out getting my name of the house
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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they can finalise this with out getting my name of the house
Then I would say it needs to be sold. You really want to let him live there and be responsible for half of the house? It goes into forclosure it's in your name too. He trashes it and it needs 20k worth of work you're liable for half (until you take him to court for it) Back taxes? Half your responsibility. Think this one through very, VERY carefully. The credit bureau doesn't give a furry rats rear end who is responsible per court order. They are coming after both of you.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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Quote:
I kinda figured that but thanks, he's agreed that if he sells the house i will get all proceeds up to $50K back and he claims he will make the effort to repay it to me but we arent' sure how it can be put into the agreement. he says even if he refinaces the house and adds the $50K in there's no way he could make the house payment, that he's hardly going to be able to make the payment the way they are now. So i guess that's something eles we need to still talk about.
You need more than "making an effort". You'll never see the money
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jaiye
old hand
Reged: 10/27/05
Posts: 860
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Mom
Do not sign a "quit Claim" deed before he refinances that house. If he can't refi it then make him sell it. If you sign off on the house and he doesn't make the payments it will trash your credit along with his. You attorney should never advise you to sign off on it without making him refinance it if he is working for you.
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moms3kids
recently joined
Reged: 01/11/09
Posts: 24
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Ok i dont' want to see this house sold, i know he's not going to be able to refinace it out of my name, he just can't... but i do have this on my side... he loves his job, he's lived for the job he has now for his whole life, he's wanted forever and will do anything to keep it. Anyways well he's a cop so if he does not make payment even one missed payment all i do is take it back to my lawyer he's in contempt of court right and well he'll lose his job, his life, the kids, ect so really why would he not make the payments??? Also i'll have to ask if the lawyer can write it this way but we wanted it to say something alone the lines of ... if a payment is missed, accounts be come delinquent then i get the house back and he will NOT be able to take an equity loan out or sell unless he can pay me $25K (about 2/3 of the equity now) so 1/2 of what i put into it i mean i have take into account what he's put into it also, the land, the labor, ect ect as much as i dont' want to give him credit. but still...
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