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Thank you for the information: I am in a divorce case, I want to keep my house, my wife is not working, she never did, the loan in my name, if I want to buy her out, let say , the equity 30k if I have to pay 15k ( I am repressing my self) how usually the judge. Decide about if I do not have the funds right now, the trial in 2 month( she does not have any money she) Response: If you do not have the funds to buy her out, then her name would remain on the house until you refinance and take her name out and pay her her own portion of the equity in the property. The Court is not going to allow you to remove her name from the property without paying her her portion of the equity immediately. So, in the divorce decree the Court would put down that you would pay her her portion of the equity upon refinance or sell of the property.
But she will move out? Response: Yes, if the Court puts in the Divorce Decree that she has to move out. Otherwise, she does not have to move out. So, you need to make sure that the Court orders her to move out.
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How she can stay in the house after the divorce ? Response 1: She can stay in the house after the divorce if both of you agree for her to stay temporarily to give her a chance to find another place to live. She does not have to stay if both of you agree that she has to move out immediately. This must be part of your agreement and the final judgment of divorce—the divorce decree.
For how long?
Response 2: It depends on what you agree on. She can leave immediately or leave several months later.
Will I have to pay alamony at this time she is there? Response 3: Yes, if the Court orders Alimony in the case. Again, this should be part of your agreement. If she stays for couple of months while you pay the bills, you may want to ask the Court to delay the effective date of the Alimony to account for the fact that you are currently paying for her living expenses. All these things must be spelled out in any agreement filed with the Court for approval to avoid any misunderstanding.
How is the attorney fees will allocated , in the begging of the divorce , she used my credit card to pay 15k to her attorney ( without my auth) , I spend so far , 20k, she is the petitioner , and 90%. Of the motion is her, what the criteria the judge consider? Response: I honestly do not know what criteria the Court would use to determine the allocation of Attorneys' fees in your case. Generally, the Court would review the parties' assets and income when ordering one party to pay the other party's Attorney's fees.
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