the House

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the House

Unread postby rj1619 » Wed Oct 04, 2017 7:47 pm

Background:
State; PA
Separated will be 2 year limit come December
She doensnt work and had part time job during most of marriage that produced under 10K income
House is most significant asset with 50% down
Both on mortgage
Broke the #1 rule and moved out only AFTER getting custody agreement in writing signed and temporary financial arrangement
Lived in house from Dec 2015 until July 2016 after SHE filed which became unruly with her threats and making it unlivable
Have 6 yr old daugher and did what I thought was correct to get out of there at least with some things agreed upon
SHOULD have stayed and ensured we had all marital assets divided and negotiated but it would have been hell on my daughter. Daddy's is a sucker!

Since then she has been milking the support agreement , hasn't done any real work that would be considered as part of the monthly support where it can be reduced.

Question: She lives in the house. Its way too huge and bills, mortgage are high for 1 person and she gets my daughter just over 50% of time. I want the house sold as part of the settlement so we are talking cash versus using that $$$ as negotation. I have no leverage it seems and want to know if I can force her to sell the house?
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Re: the House

Unread postby TJinCA » Wed Oct 04, 2017 9:13 pm

If neither of you can afford to buy out the others' equity and assume full responsibility for the mortgage (meaning refinance in their name only) the court would probably order it sold. So both of you may as well negotiate on that basis.
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Re: the House

Unread postby a dad » Wed Oct 04, 2017 11:54 pm

Reading your post hurts my head. Out of respect for our fellow volunteer members, please try to write in proper english with subjects and periods and stuff.

While custody is primary, not moving out is important for many more reasons - time, double household bills, assets, attorney fees, pressure, etc.

Think about sweetening the pot 'cause she's got no reason to settle anytime soon.
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Re: the House

Unread postby rj1619 » Thu Oct 05, 2017 7:11 am

In the asset "pool", both of us would be able to negotiate to buy out the others equity based on other assets. It just hasn't gotten that far and our inital 50/50 offer was countered with a joke ....which I know if I went to mediation would even be less which I may push

sorry about the broken english in terms of the situation but didn't want to write a book

Seems I am up the creek. Is it not my right as being on the mortgage (i pay for everyhting now via support) to have the house sold and liquidated for cash versus negotiate this as at least a starting point?
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Re: the House

Unread postby a dad » Thu Oct 05, 2017 1:31 pm

rj1619 wrote:Is it not my right as being on the mortgage (i pay for everyhting now via support) to have the house sold and liquidated for cash versus negotiate this as at least a starting point?
The mortgage is a debt, not an asset. You can't sell a debt for profit unless you're a big bank.

Periods and capitalization don't equal a book. They equal legible.
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Re: the House

Unread postby Tom Kirkpatrick » Thu Oct 05, 2017 1:47 pm

Sell the house before divorce is finalized. If you don't, you'll be locked into one huge, post-divorce, financial entanglement.

rj1619 wrote:She doesn't work.....
She has no incentive to vacate the house. She's working her game plan.

I'm a great housekeeper. When I get divorced, I always keep the house. Zsa Zsa Gabor

Tom
Everyone is entitled to my opinion. - Maxine™
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Re: the House

Unread postby TJinCA » Thu Oct 05, 2017 3:58 pm

rj1619 wrote:In the asset "pool", both of us would be able to negotiate to buy out the others equity based on other assets.


Is it not my right as being on the mortgage (i pay for everyhting now via support) to have the house sold and liquidated for cash versus negotiate this as at least a starting point?


If she winds up with the house (and the mortgage debt) as a trade against other assets to you to balance out your share of home equity, then it's reasonable for you to insist that you be removed from the mortgage. You shouldn't be on the loan for a property that you have no ownership interest in.

This will probably require her to refinance, which means she'd need to qualify for a new mortgage based on her credit and her individual income (including any court-ordered child support and spousal support). If she's unable to qualify, you're back to square 1 - if you asked the court to decide, the judge would likely order it sold.

You can't force her to sell the house, but the judge can.
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Re: the House

Unread postby SoxFan1986 » Thu Oct 12, 2017 12:41 pm

I agree with Tom get that house sold b4 you sign the final divorce papers. Draw a line in the sand now.

If she she wants to play hard ball with you; would you be willing to move back in the house? i read you sit and I know that would be tough. But how else can we motivate her?

If you wait to after the divorce she will use every trick in the book to stay in the house. And to cap it off she will move Mr. Wonderful in.
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