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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27636
Experience:  Attorney with experience in family law.
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I LIVE IN A HOME (DOUBLE WIDE MOBILE HOME WITH CONCRETE FOUNDATIONS

Customer Question

I LIVE IN A HOME (DOUBLE WIDE MOBILE HOME WITH CONCRETE FOUNDATIONS TO BOTH ENDS) THAT IS IN MY HUSBANDS NAME---WE BOUGHT IT TOGETHER 14 YEARS AGO BUT WAS FINANCED IN HIS NAME ALONE AS MY CREDIT WAS NOT GOOD. THE HOME IS ON 5 ACRES OF LAND THAT WAS DEEDED TO BOTH MYSELF AND MY HUSBAND BY MY FATHER (AND SETS IN THE MIDDLE OF MY FATHERS LAND) MY QUESTION IS: MY HUSBAND AND I ARE LIKELY GOING TO GET DIVORCED, NO PAPERS FILED YET, BUT HE WAS ARRESTED FOR DOMESTIC VIOLENCE YESTERDAY THEN INVOLUNTARILY COMMITED TO RESIDENTIAL DRUG REHAB. IS THERE ANY WAY TO GET THE HOME IN MY NAME AT THIS POINT? WE LIVE IN MISSISSIPPI WHICH IS NOT COMMUNITY PROPERTY STATE, SO SHOULD I EVEN WORRY ABOUT THIS? I AM SURE IF WE GET A DIVORCE I WILL GET THE HOUSE, BUT MY HUSBAND HAS DEMANDED HE HAS TO BE "PAID OUT" OF IT DUE TO ALL THE WORK HE HAS DONE---THE CONCRETE, GARAGE, PORCH, SHOP ETC.. ALL BUILT ON THE PROPERTY.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, My name is ***** ***** I'd be happy to answer your questions today. The only way to get the home into your name without your husband's consent is to get a court order - which is something that will be done as part of the divorce. There isn't a separate proceeding for transferring the title, and there isn't any procedure for one person to change the name on the deed over the objection of the owner. You should know that the judge will order you to pay your husband half the equity in the home. That's going to include half the value of structures added to the property itself, because those structures were build with marital funds and are therefore part of the marital property. Keep that in mind when negotiating with him - yes, you probably will get the house in this situation. But you will have to buy him out, or the judge will order you to sell everything and split the proceeds from the sale. One way to do the buyout is for you to refinance the home in your name only at the current value rather than just the loan amount. Note that if a property is worth $50,000 and there's a $25,000 mortgage, only the $25,000 in equity is split - this is because the person who keeps the home still has to pay the mortgage. If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.
I understand your reasoning for saying that i will have to pay my husband out, the marital funds an all, but being MS is an equitable distribution state, I thought that meant it was basically up to the judge, it was my understanding that it may not be necessarily 'split down the middle'. in other words, based on judges findings, i may be allowed to keep the house without paying him the entire 1/2 the value. am i wrong?
also i should mention we own another home, it was left to us by his family, we actually mortgaged the house for a loan prior to it becoming solely ours (we had ownership with his family member having a lifetime estate) and we remortgaged it again after the death of the family. we have since paid that mortgage back with probably 75% of that money being mine (he has had problems holding a job for past 5-6 years). i DO NOT want that house that belonged to his family. how will that be dealt with?
Expert:  Lucy, Esq. replied 1 year ago.
Equitable distribution still starts with a presumption that each spouse is entitled to approximately half of everything. The judge can deviate from that presumption if he believes that it's fair, but I've never seen a case where a spouse got the home and all the equity in it unless there are OTHER assets that can be given to the other spouse. It's just not considered fair for one person to keep everything, even where there is marital misconduct (and I've seen some cases with pretty strong evidence that a spouse shouldn't get anything where they still walked away with close to 50%).
The other home honestly changes everything. You couldn't keep the house plus the equity if that was your only asset. If there's another asset, then he can get that house to offset the value of the one you want. That would be considered fair.
... But at the same time, if he keeps that house, you're still entitled to half the equity if it's more than the equity in the house you want to keep. That's how equitable distribution works.
Customer: replied 1 year ago.
ok, i understand, i dont want to just get everything, but because our home sits on 5 acres of land given to us by my father, which is in the middle of my fathers 100+ acres, (the land was used a collateral to purchase the house) i certainly cant sell it, wouldn't want to. I just cant afford to pay him 10's of thousands of dollars. the house that was his family's is not worth as much as our home, although there is not too much difference, other than the mentioned 5 acres of land that is with our home. maybe 10-15 thousand $ difference in actual value of the homes and other structures. he, of course, doesn't want to live in our current home, due to it being on my family's land.
would the 5 acres of land be considered to "split" the value with him? only reason they put his mane on it is because the house was being bought in his name, we didn't pay any money for the land, would it be considered 'inherited' for me? I don't know if this matters, but I actually own all my fahter's land and his home with him having a lifetime estate...also it is written into the legal documents if something happened to me, the land/assests that are my fathers go directly to our kids, not my husband, he signed this several years ago.

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