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Category: Bankruptcy Law
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my husband left after less than 2 years of marriage. but he

Customer Question

my husband left after less than 2 years of marriage. but he lived in my home which is is in my name alone for 5. He used to give me 1200 every other week toward mortgage. I refinaced in 2008 knowing we could make the payments together so I could get my ex husband off deed. He is telling me that his lawyer said he does not have to give me anything because of the short marriage. I will lose my house if he does not. Is this accurate?
Submitted: 2 years ago via USmarriagelaws.
Category: Bankruptcy Law
Expert:  davidhken replied 2 years ago.
-Could you explain your situation a little more?
Did he sign the new mortgage?
Customer: replied 2 years ago.
we were married and he lived in my house for 5 yeara. ia it true thAT SINCE HIS NAME Is XXXXX XXXXX it I can get nothing? He helped pay for the house
Customer: replied 2 years ago.

sorry about the caps problem. what do i need to do now?

 

 

Expert:  davidhken replied 2 years ago.
What I need to know is whether his name is XXXXX XXXXX mortgage, not the deed? I assume the deed is only in your name or at least I hope it is.
Customer: replied 2 years ago.
his name is XXXXX XXXXX which is why he does not have to pay me anything. is that true?
Expert:  davidhken replied 2 years ago.
Dear JACUSTOMER - Generally a 2 year marriage would not qualify you for any spousal support or alimony and my opinion is that he would owe you nothing and I agree with what the attorney said. You can obviously keep your house and not have to give him any of it's equity since you never (thank goodness) added his name to the deed. So unless there are some really unusual circumstances I see no way you will be able to receive any spousal support. You are entitled to an equitable distribution of any assets that the two of you may have acquired during the marriage.
Customer: replied 2 years ago.
not sure you got the last one. I refinanced to get my ex husband off deed because me and current husband could afford the payment. He helped. So now I lose my house? that me and my 3 kids have lived in for 17 year? what about the fact that he lived here ffor 5 years?
Customer: replied 2 years ago.
end of story? I lose it all?
Expert:  davidhken replied 2 years ago.
The marriage was only 2 years so legally he was simply the same as a month to month tenant. Florida does not recognize common law marriage so the prior 3 years do not count. The issue with your first husband is not relevant to your current husband and you would have had to have paid off your first husband regardless of being married to the second husband if you wanted his name off of the deed. So it has nothing to do with your second husband and he received no value from the refinance since his name was not on the deed. You can certainly ask for alimony from the court but my opinion is that you will not receive it. I obviously am not the judge so what I say is just my opinion and is not a final decision on your case.
Customer: replied 2 years ago.
wow. thats what i needed to hear. I lose my house and me and my kids have no where to go. and he gets off free and clear. he left a whole bunch of stuff here that i dont know how to to take care of. so its all on me. thanks for your help. no wonder forclosures are so popular now.
Customer: replied 2 years ago.
i guess i reached my response limit
Expert:  davidhken replied 2 years ago.
You can ask as many questions as you like. I obviously don't make the laws but in a divorce situation a short term marriage generally ends in the parties going their own way and dividing any property they acquired during the marriage. There would be no responsibility for any long term payments of alimony to either party.
Customer: replied 2 years ago.
you gave no advice on how I could not lose my house. all cut and dry with you. I am so sorry I spent the money to contact you
Customer: replied 2 years ago.
Relist: Incomplete answer.
just wanted to say that he was very happy with telling me that there was nothing I could do and will lose my house. very much a "oh well" attitude instead of tellin me that there may be more that I can do
Expert:  davidhken replied 2 years ago.
I'm not certain why you are blaming me for the way the laws are written. I'm not a financial consultant and your question was not how to save your house but whether the other attorney was correct that you wouldn't get any alimony. I answered that question and then you started lamenting the fact that getting a refinance to pay off your former husband has now cost you your house because your second husband is a loser. That is not my fault and I can't solve those personal problems. I can only answer questions from a legal perspective the way the laws are written by your lawmakers, not me. So I'm sorry for your predicament but it certainly isn't my fault. I have tried to be thorough and patient with my answers and my information has been accurate.
Customer: replied 2 years ago.

thats fine Dave. Thanks for your help. I think I need to speak with a female.

Customer: replied 2 years ago.
I have 3 kids and cant lose my house over this. A female might take my kids into consideration
Expert:  davidhken replied 2 years ago.

A female attorney can only cite the same laws as I. This has nothing to do with my compassion for your situation it's just that I can't change the law to fit the circumstances.

I will opt out of this question and allow our other experts to review it. If one of our female experts has a different answer I'm certain they will let you know.

Customer: replied 2 years ago.
i appreciate that. he was here for 5 years and contributed. I will lose my house if I things do not go my way. If that happens fine, but after 17 yeas my kids and I have been through enough and should be able to stay here
Expert:  davidhken replied 2 years ago.
I have left this question open since last night and apparently no other experts have a difference of opinion. It's not that we are not compassionate or do not understand your predicament. We just can't change the laws to suit a particular situation. Short term marriages typically do not qualify for alimony or spousal support. You can certainly ask the court to award you some money but even if they did it would only be a small amount and for a very short time and it wouldn't solve the overall problem of your mortgage. The only way to deal with that is through the lender for some type of modification.
Customer: replied 2 years ago.
Thanks
Expert:  davidhken replied 2 years ago.
No problem and thanks for using our service - Dave
Customer: replied 2 years ago.
Any advice about filing bankruptcy?
Expert:  davidhken replied 2 years ago.
I'm not a bankruptcy attorney but I can ask that your question be transferred to our bankruptcy expert section.
Customer: replied 2 years ago.
Thank you
Expert:  davidhken replied 2 years ago.
No problem.
davidhken,
Category: Bankruptcy Law
Satisfied Customers: 27686
Experience: 
davidhken and other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 2 years ago.

Hi JACustomer,

1) Why did re-financing your mortgage make it harder for you to pay the mortgage without your husband's contribution? Were you able to pay the mortgage without his contribution before you re-financed it?

2) Are you receiving child support from your ex-husband?

3) Did you get a cash disbursement with your re-finance? If yes, what was that money used for?

4) What is your Bankruptcy Law question?

Customer: replied 2 years ago.
We refinanced the mortgage in 2008 to pay my ex 75kand paid some debt. Payment went from 1200 a month to 2020 which I cannot pay myself.looked into refinance but it will only save me 250 a month.when current husband moved in in 2006 I was getting 800 a month support. Now I am getting 400. I can longerafford house payment.and by the way we have been officially married more than two years and he moved in in 2006
Expert:  cfortunato replied 2 years ago.
What is your Bankruptcy Law question? (What would you like to know?)

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