I currently live in Colorado (since July 2009); however, my husband and I have a house in California and besides the house, we jointly own his Ford truck and my Toyota 4Runner. We have no children together. My question is, how do I word it on the divorce papers (we are trying to do the divorce ourselves w/out lawyers or court) that I want to be taken off anything that connects me to the house and that he's accountable for his vehicle and I'm accountable for mine?
State/Country relating to question: California
He has filed the paperwork in California and it was sent to me to contest or state what I want and I don't know how to get me off of the papers for the house we currently own.
Hello, I am happy to assist you today.For the house, what you need to ask for is to either have him refinance and transfer from both of you to him alone (and give you your share of the equity, so buy you out), or you can request a forced sale so that you both sell the home and split the profit. If the first option is best for you, the judge is likely to agree.The same goes for the cars, but you just put one fully in his name and the other fully in your name. If there is a loan on them, that has to be paid off or refinanced, so just like with the house, you have to either refinance the loan or sell it and split any profits.I hope this helps,Kimberly
He began the process of a quick sale on the house but I wasn't sure that would be acceptable to me because it would sell for less than it's worth and we both would have to pay the difference and that's the part I want out of. I know that sounds selfish but his parents have offered to "buy" the house and allow him to live in it so he doesn't lose it (it's built on property the family has owned for a long time) and he'd be paying them the mortgage. And to top it off, if they were to sell it to his sister and profit from it, paying off the debt he owes (his share) again I lose because I'd be stuck paying for something I don't get to benefit from. Also, I'm already paying the "difference" on an RV that was reposessed and resold (I was the only one listed on that loan.)
In your position I would definitely push to have his parents help him out and buy you out. Don't worry about the short sale, he can't do that without your permission, so you have time to deal with this in court.Just stick with your position and try to work this out in the divorce agreement.Kimberly
So I shouldn't sign any paperwork regarding the house until we settle in the divorce? And if this works in my favor, do his parents have to "buy me out" before they buy the house? I'm all for them keeping the house in the family I just don't want to be financially responsible for something I don't get to have.
You can do it either way. If you both agree to the terms, you can work it out in an agreement between the two of you. If he won't agree to what you want, you can push it to the divorce proceeding and the judge will decide the issue.If the paperwork you refer to is for selling the house, yes, I would wait to do anything with the house until you agree what will happen. If you do an agreement, you don't have to specify HOW he will refinance, you just have to say that he will refinance in his name alone, you will give him a quit claim deed to transfer the property from both of you to him alone, and he agrees to pay you a certain amount that you agree on for the equity. He gets to figure you how to make that happen. If that involves his parents, great, but that's his job.Make sense?Kimberly
10 years of experience in various fields of law.
Please don't forget to click "accept" if you are happy with our discussion, so that I get credit for my time with you.Thanks! Kimberly
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