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What Are My Legal Rights When It Comes to the House?

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DPantelones

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What Are My Legal Rights When It Comes to the House?
Posted: 05-08-07 15:02pm

I just can't see giving $ away to an attorney, hoping someone here can help/has been through this.

My ex and I are divorcing, and she is in the house with the kids, and I have no problem with that. I'm renting a nice house and when the divorce is done with, I'll buy one too. My question is, what about my stake in the home ($$)? She makes more $ than I do (about $10K more a year, maybe more by now), we agreed she could stay in the house (for the kids although we have a 50-50 custody agreement) and I couldn't afford that morgage payment on my own....

So do I try and force her to buy me out? I don't think that's my major concern. My thing is, I don't want my name off of the note for a year then she turns around and sells the house for literally a hundred thousand dollar profit!! I doubt she would do that, but then again I never thought she'd cheat on me either!

I know someone out there has to have gone through this, and I'd love to hear from you!
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tarbaby

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Posted: 05-08-07 15:13pm

A lot of this depends on the state that you live in. Also the attorney you hire. I know for example the state of Wisconsin is 50/50 everything right down the middle.
I think in most cases you are entitled to half of the equity of the home at the time of the divorce. She could have to buy you out or when the house is sold later on.
Get a good attorney is my best advice for you. I went through this all 3 years ago. It doesn't mean you want to take everything. You just need to make sure it is all done fairly.

Good Luck!
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DPantelones

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Posted: 05-08-07 15:16pm

I was thinking that would be the reply i would get...I'm really trying to avoid a lawyer because things are going so well and $ is TIGHT!

would it be legal if she and I put it down on paper & signed, that if she sells the house I get half of the equity? I don't see how that would be fair as years pass though, because she's paying the morgage now, not me....so confusing!!!!!!! Maybe I'd better consult with a lawyer.. Grrrrr
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sillyakchick

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Posted: 05-08-07 15:31pm

Can you have the home assessed for its current market value and agree that if and when the house sells that figure is your portion regardless of its final sale value?
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DPantelones

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Posted: 05-08-07 15:44pm

Thanks! That's a great idea, but I wonder if we need a lawyers blessing on whatever we agree to or can we just sign it as a document between ourselves. SOOO CONFUSING!!!!!
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Isolde

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Posted: 06-14-07 04:31am

My exhusband and I wrote out a separation agreement, and I worked out what he had contributed to the mortgage (as for a lot of the time we lived in the house, I supported him) plus half of the increase in value.

E.G:- We bought our house in for £77,000. In the two years we lived in it together, it had increased in value to £80,000, therefore he was entitled to half of £3,000, so £1,500.

We have also paid off £3,000 of the actual mortgage (we decided not to even think about the interest rate on the mortgage, but concentrate solely on what had been paid off on the house). Of this £3,000, he has only contributed £500, as he was out of work for much of the time and I was his financial support and paid EVERYTHING from my wage. So we agreed that his share in the property totalled £2,000, and when I eventually sell the property, whenever that may be, I will give him £2,000 of the proceeds. The rest of any profit will be mine, as I have now taken over paying for the house by myself again.
I don't know how this would work in the states, but I got some legal advice when we wrote up the agreement, and everyone was quite happy with this.
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cablecar78

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Posted: 07-01-07 18:56pm

If she does not buy you out, then your name should stay on the house. Then, you should get half of the net proceeds whenever it is sold. I realize that she will be paying the mortgage, but if you leave your equity in the house, then you should share in any future gains.

The earlier post suggesting setting an appraised value now does not recognize your financial loss of waiting for your equity. It's like providing an interest-free loan to your ex.
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MikeH90

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Posted: 11-20-07 14:52pm

you should get your name off the note and have the $ split. She can refinance if she wants to keep the house and pay you your share.

If you stay on the note your legally obligated. Like what happens if she stops paying the mortgage? You don't want your credit ruined or having the bank come after you.
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