Currently in Divorce
Settlement proceedings with ex-wife (on going since June 2013). Date of separation
was August 2012. She has been uncooperative with setting up a 4-way, which has been ordered by the judge on five occasions. I do not want to go to trial, because of the expense. Her attorney has been working pro bono, but he quit the case. I have racked up 10k in attorney's fees so far.
The points of contention:
1. The marital home she is currently living in (worth about 550k with 479,000 mortgage, plus 50k HELOC). She somehow restructured the mortgage without me. I continue to pay the HELOC.
2. 2nd Home - (worth about 150k, with a 94,000 mortgage). I want to keep this home, as I have been paying the mortgage, and other expenses to keep it from going into default. I have been living there when I can, but need to keep an expensive apartment in Los Angeles where I work. I eventually want to live permanently in this home, sell, or rent, but I cannot make any moves nor rent during this settlement process.
3. Spousal Support
- we both have made about the same over the last few years (my attorney says it is unlikely that she will be awarded this. We have no children to support.
I am willing to take on the HELOC, and let her keep her home, and I keep the other.
My questions are:
1. Can the 2nd Mortgage HELOC be separated from her home, and can I pay this as scheduled, or will I need to pay this off entirely? We are in California.
2. Can the California Court order a 4-way in such a way that it will be punitive for her, if she is uncooperative?
My ex-wife is unapproachable, and since she is paying nothing so far, she would just let this drag on forever. It seems to me that she would benefit more to end this soon, has she will also get half of my 401k (about 37k).
My attorney is enjoying the benefit of having this drag on as well.
The resolution should not be complicated, and should not go to trial, as it is only about these two homes.