The last question was 4/24/12. We are now getting a divorce...he refuses to give me my 1/2 of equity ($9000) because he says it will put him in a financial bind. He wants to keep the house and I have no problem letting him have it as long as he gives me my equity to start over. He makes 2xs a yr more than I do. Can the courts make him pay me? even if it is on installments (which I am willing as long as he pays $5000 lump sum first).
State/Country relating to question: Georgia
Just now going to get a divorce. Husband makes $8000 a month and owes about $3500 a month in various debts including house pmt. What are my options to get him to pay me my equity in the house so I can start over some where?
The court will either make him pay you your portion of the equity or the court will order that the house be sold and any money used to be paid for the loan on the house and the equity will then be split after all bills are paid off. This may take you a while to accomplish but the court will bring him to the realization that he must pay you this money or sell the house. In a divorce situation, what happens to the house that is in both of your names is the first consideration of the court.
All I want is my 1/2 of the equity and to move on; we both made a huge mistake by marrying, we got caught up in the "moment". He makes twice more than I do and I can not afford to keep the house. He can have it and I will chalk it up to another bad experience in my life. If we/he sold it, could he drag it out forever or would I have a say so in it since it is 1/2 mine?
Most divorces take 6 to 9 months to accomplish and the court may force mediation first if both parties cannot agree on the settlement terms (the court does not like to get the judge to split the assets -- that is a last resort). However, the law is that you are entitled to 1/2 equity of a house that is in both names, so whether he agrees to it or not, the judge will order it.
13 years experience, divorce & custody issues, protective orders, child abuse issues
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