Property distribution and use after divorce

Get financial tips on divorce and asset division including child support laws, property division, and divorce settlements.

Re: Property distribution and use after divorce

Unread postby JimRockford » Fri Apr 21, 2017 10:36 am

The new man and her will also start to make decorating and landscaping changes around the house that you may not like. What are you going to do when they do that? Think about arguing with her and the new man about who is going to fix the boat after he runs it aground. How about when she decides to rent it out on airnb, good luck trying to get your share of that.

If you would not enter into a transaction like this with someone off the street, you shouldn't do it with your ex either.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
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Re: Property distribution and use after divorce

Unread postby Fatheroffour » Fri Apr 21, 2017 10:38 am

OP knows it's a bad idea. He wants us to tell him how to make it not bad.
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Re: Property distribution and use after divorce

Unread postby RockyCali » Fri Apr 21, 2017 10:40 am

byrdman wrote:Hi guys, thanks for the advice, but ...
I need only suggestions on how to make this work, thank you.

If you don't want the advice that the wisdom of the men in this forum can provide, then you shouldn't be here.

That said, I hope you change your mindset, stick around, and heed much of what you can learn and glean here. It's helped me and countless others who thought they knew what they were doing when they first stepped in.
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Re: Property distribution and use after divorce

Unread postby afc » Fri Apr 21, 2017 10:41 am

Find several someones who did this exact thing and failed
Buy them some drinks and ask them several hundreds of questions going over every single aspect of their situations
Compile all the data and identify the weak spots in those peoples arrangements
Go to a lawyer and pay a lot of money to come up with a detailed, exhaustive agreement that covers EVERY possible thing that can go wrong.
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Re: Property distribution and use after divorce

Unread postby Fatheroffour » Fri Apr 21, 2017 10:44 am

There is one way this will work.

OP stays in the house and is the custodial parent.

Otherwise, whatever happens in the future is predicated on what the ex wife does. For that, no amount of creative decree crafting will ensure that he gets what he wants.
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Re: Property distribution and use after divorce

Unread postby TJinCA » Fri Apr 21, 2017 1:06 pm

It seems to me that there are two separate issues here: 1) Disposition of community property (the house); and 2) Your continued use of the boat dock and garage.

As to the house, I agree with what everyone else has posted--it's a very bad idea for the two of you to continue to own the house jointly. One of you has to get off the title and off the mortgage and the house needs to become the sole property of the other. If she can refinance to get you off of the mortgage and pay you your share of the equity (either in immediate cash or perhaps on some kind of defined time payments, or maybe offset with reduced spousal support) that's probably the best solution. If not, then the property should be sold and the proceeds divided. Your MSA might include language that gives her a certain amount of time to make arrangements to buy you out, but should be specific about what happens if she can't (such as, she has a duty to maintain the house in a saleable condition, how the listing price will be determined if you can't mutually agree, offers within x% of listing price must be accepted, etc.) Don't leave her the option where doing nothing results in her staying on in your jointly owned house indefinitely.

If the house has to be sold then obviously the boat issue becomes moot. But if not, assuming that you are able to maintain an amicable relationship it seems like it would be feasible for you to continue to use her boat dock and garage, as long as she agrees. Personally I don't think that's an appropriate issue for the MSA--if it was a friend's dock and garage you wouldn't ask for a legal agreement, would you? If you wanted to formalize it you could probably go as far as getting a legal easement, but probably a better path would be for you just to recognize that if relations break down between you and your ex in the future or if she later decides to sell the house for her own reasons, you'll need to make another arrangement for your boat.

As for the "what happens when her new lover decides to trim her bushes in a way you don't like" or "what happens when you want to take your new girlfriend for a (boat) ride" only you can determine whether that will be an emotional issue for either of you. Wouldn't be for me...
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Re: Property distribution and use after divorce

Unread postby JimRockford » Fri Apr 21, 2017 1:31 pm

TJinCA wrote:It seems to me that there are two separate issues here: 1) Disposition of community property (the house); and 2) Your continued use of the boat dock and garage.

As to the house, I agree with what everyone else has posted--it's a very bad idea for the two of you to continue to own the house jointly.


I think that should be it. Anything else presents coming up with a complex agreement that she and her attorney will later scour and scheme for any bit of wiggle room. If the OP makes some sort of agreement on payment and she reneges, he will then be forced into court over a process that may take months to resolve. He also better hope that whatever loophole his ex ultimately finds, the judge wont' somehow agree with.

Either buy it or sell it, there is no viable third option.
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Re: Property distribution and use after divorce

Unread postby TJinCA » Fri Apr 21, 2017 1:50 pm

JimRockford wrote:
TJinCA wrote:It seems to me that there are two separate issues here: 1) Disposition of community property (the house); and 2) Your continued use of the boat dock and garage.

As to the house, I agree with what everyone else has posted--it's a very bad idea for the two of you to continue to own the house jointly.


I think that should be it. Anything else presents coming up with a complex agreement that she and her attorney will later scour and scheme for any bit of wiggle room. If the OP makes some sort of agreement on payment and she reneges, he will then be forced into court over a process that may take months to resolve. He also better hope that whatever loophole his ex ultimately finds, the judge wont' somehow agree with.

Either buy it or sell it, there is no viable third option.


I agree with that. But if the OP's top priority is keeping the kids in the house with their mom, he may need to be a bit creative about enabling her to buy the house. And realize that means he assumes some risk of getting screwed.
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Re: Property distribution and use after divorce

Unread postby byrdman » Fri Apr 21, 2017 2:46 pm

I'm just looking for ways to keep the kids in the house, we also discussed taking less now and when she sells the house, 10-15 years from, I would be entitled to the % I sacrificed now. and please don't answer with posts like "what is she doesn't maintain the house" or other pessimistic replies.
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Re: Property distribution and use after divorce

Unread postby lovingfatherof2 » Fri Apr 21, 2017 2:50 pm

You are making a massive mistake.
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