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Hi and welcome to JA. I am Ray and will be the expert helping you today.
Can you tell me how the divorce awarded this property?Was it to be to both of you here or one of you? Some more information about the divorce vs. this deed.Thanks.
I mean it appears it awards it to both of you as tenants in common rather than to one of you is that correct?
So here you would have to get him off the title if you want to claim it for homestead purposes. All you can do here is take it back to divorce court if he will not cooperate.You could buy him out if you could agree to a price and afford to do so.This is really a matter of putting off a problem, still needs to be resolved by the court if necessary.
Jointly owned, you may be able to claim it as a partial homestead if you are living there.Likely you need him to agree and sign exemption.
The homestead exemption lowers your taxes here.you make application at tax assessors office.
Her you both own this as undivided tenants in common until sold or you buy him out.
New Hampshire's homestead exemption allows you to protect up to $100,000 of equity in your home, and twice that amount if you are a married couple filing jointly.
A “Homestead Exemption” is a type of protection for a person’s principal residence. There is an automatic homestead protection of $125,000. This automatic protection may be sufficient to protect a deposit made upon the estate; however, it is not likely to be sufficient coverage to protect the full value of your home. In order for homeowners in Massachusetts to protect the value of their property up to $500,000 per residence, per family, you must file a document called a “Declaration of Homestead”. The form is filed at the Registry of Deeds in the county or district where the property is located, referencing the title/deed to the property.
Here in New Hampshire, the Homestead exemption is automatically given to you in your primary residence when you move into your home. The homestead exemption safeguards your home up to $100,000 against creditors that file judgments or liens against you. Because the exemption is automatically given to you by the state, there is no need to file paperwork applying for homestead.
You want to make sure it is on file with the county tax assessor.
The only rights you are giving up here are that of sole ownership.You both have ownership interest.You may have to return to divorce court and seek modification if he will not work with you here.It is a stalemate and a judge and further orders may be necessary.
I am not a NH lawyer but I gave you NH law in your response.
Please let me know if you have more, thanks.
Yes as long as you are living there.