TampaMike2007
recently joined
Reged: 03/13/07
Posts: 2
|
|
Hi all. Working on the MSA. Fortunately the STBX is being pretty reasonable about everything. We have a marital property in which I live. She didn't want the house. I already refinanced and provided her the agreed upon equity by paying off her car and giving her a sum of cash. She spent the cash paying off bills, etc so it doesn't show as an asset (its gone).
The MSA says I get the house. She agrees to this and agrees she has her equity. She has already signed a Quit-claim deed over to me.
My concern is the court. Not familiar with the process. How likely is the court to look at the MSA which says I get 100% of the house and want to make changes to the agreement. Since she has already recieved her equity I'm not sure how I would include that in the MSA.
Should I put a reference to the car payoff and money I gave her in the MSA?
Like I said, she isnt my concern. We agree to all terms and the divorce is uncontested. In the final disposition she will tell the judge of what has transpired if there are questions. Just worried about the court.
Thanks in advance for your help.
Mike
|
preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
|
|
not sure where you are located. If you are uncontested, it's very likely NEITHER of you will ever see a judge at all (at least that's how it is here... I'm on 2nd divorce in NY and don't anticipate seeing a judge this 2nd time).
In your agreement, simply list that that you're retaining possession, she has signed a quit-claim in return for a portion of equity previously distributed.
There's legal language... if you want, pm me and I can send you a copy of the Stipulation of Settlement I've done for my divorce..
BTW, by you both signing, you both agree to the terms and if you both AGREE, the courts, frankly, don't have time to tell you or her one is getting more than the other.. that's why you're supposed to get legal counsel or go through mediation... if you are pro se.. maybe the court looks at it more closely but I seriously doubt it.
|
TampaMike2007
recently joined
Reged: 03/13/07
Posts: 2
|
|
I'm in Florida.
Appreciate the insight. I figured that the court would pretty well stay out of things especially since there are no kids involved and we agree on eveyrthing but just wanted to see other's experience.
Thanks for the help.
|
Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19893
Loc: Third rock from the sun
|
|
I already refinanced and provided her the agreed upon equity by paying off her car and giving her a sum of cash. She spent the cash paying off bills, etc so it doesn't show as an asset (its gone).
---> Well the money IS an asset and so you have to show it, otherwise it will look like she got shortchanged. And if she was worred about it being "taxable"...if it was (which is isn't), it wouldn't have matter if she had spent it...income is income (but again, it's not).
---> All you need is some quick verbage and you get the house which is valued at xx amount with xx due and she gets the car which is valled at xx amount along with xx cash and it should be equal.
--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!
|
stellaf
recently joined
Reged: 02/14/09
Posts: 1
|
|
Hi,
Divorce is a kind of problem that is to faced by anyone in today's world. This could be because of any reason and this also leads to financial losses to both husband and wife. Divorce leads to a lower standard of living as the income is divided in two parts and mostly wife suffer a lot of problems in such cases.
Stella
[url=http://www.talkingcarloans.com]Car Loans[/url]
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
