Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Following our separation I am now living in my home country.

Customer Question
Following our separation in the...
Following our separation in the USA I am now living in my home country. My estranged husband and I had agreed we would retain our USA house, maintain mortgage payments and rent it out to cover costs and sell when the market improves. Following rehab for his alcoholism he now wants to sell the property which, in theory I'm not against but, I'm not being consulted on any decisions. He has appointed a realtor and following his undisclosed conversations with her he is now using funds loaned to him by his family to make good some of the repairs which according to the realtor need to be done. So far he has spent close to $10,000 saying, via email, we can "sort the details out later". I have asked for a statement of how much money we owe on the mortgage - he has previously been fiscally irresponsible by "forgetting" to make mortgage payments which have taken us perilously close to foreclosure on two occasions which had to be sorted out via a lawyer which I paid for I need to know if these missed payments to our lender (I had paid my husband but he neglected to pay the lender) have been incorporated into the capital as a starting point. Then, what legal 'force' can I use to get prevent him from just spending and spending without consulting with me because, for sure, he'll want me to pay half! I am also concerned that he'll take any proceeds from the sale and just refuse to pay me anything from those proceeds - we each put in an equal amount for our deposit. I have asked for receipts from this work being done and to see competitive quotes but none are forthcoming. The realtor has sent me a 21 page document to sign appointing her but I'm resisting signing this until I can force my husband to become financially transparent and allow me to become involved in the decision-making process. I am concerned about implications for me if I don't sign though. Is it easier to go straight to a divorce lawyer and if I do so, will they be able to assist with putting on the spending brakes and ensuring I am correctly compensated after a sale or, is there something like a power of attorney who can act on my behalf?
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 hours by:
8/1/2011
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 6 years ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
Good afternoon,

I'm sorry to hear of your dilemma.

You are right to be concerned. I presume that you are on the title to the property just as is your husband. Your written permission is needed to even list the property for sale with a Realtor, and without your signature, he can not sell the property.

As you are no longer in the country and cannot oversee the work being done, I would strongly suggest that you consider something a bit different, and that is for you to hire your own Realtor to specifically look after your best interests, separate and apart from your husband's Realtor. It would likely increase the Realtor fees, but you would be assured that you are not being taken advantage of, and could save you many thousands of dollars in the meantime. Additionally, as the cost of a Realtor is taken out of the sale before the distribution to the sellers at escrow, your husband would in effect be paying half of your Realtor's fees anyway.

As it stands now, you can not prevent him from spending money to repair the property. However, he does not have the ability to encumber the property with the loans he is getting, and you have no personal liability for the debts he is incurring.

It would be a good idea for your attorney to put him on notice that every penny will have to be accounted for if he intends to claim some sort of offset from the distribution of the sale proceeds to reimburse repair expenses.

The money that you gave him to pay the mortgage, but which he spent on other things will be rather problematic, because you are still married and technically, even though you are out of the country, the marital income will generally not be subject to recoupment in a divorce---or in this matter on the sale of the property. However, it is something that you may get some leverage out of when it comes time to divvy up the proceeds of sale.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug



Ask Your Own Family Law Question
Customer reply replied 6 years ago
Oh this is fantastic to have such clarity. One point though - if I appoint my own realtor couldn't my husband, at "divvying up" time simply refuse to pay half on the basis that he hasn't agreed to such a path to take? I'm sure he'll simply say that if I appoint a realtor separately from his own that it would be at my own cost
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 6 years ago
Good afternoon,

Well, you will want to make certain that your Realtor is instructed that the escrow office is to make final payment by one check in both of your names, to be held by your Realtor until such time as an agreement regarding the distribution of the proceeds can be agreed upon. If necessary you can apply to the court seeking declaratory relief and allow the court to divvy it up.

You just tell him up front that based on his screw ups in the past that each of you will have your own Realtor, and that their fees will come out of the sale of the property since he can't seem to get his act together.

If you take charge---and tell him that you will not allow the sale unless he agrees---he really won't have much to say if he wants to sell.

I wish you success.

Thank you for your
kind words of gratitude. Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
LawTalk and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

37,855 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Advise for couple late 70's wishing to divorce or separate,
Advise for couple late 70's wishing to divorce or separate, best solution for handling finances … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
If someone had a blood alcohol level of 0.18, will they be
If someone had a blood alcohol level of 0.18, will they be arrested? Can they be a foster parent? Can they be approved for custody by social services? Can they be adopted? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I am divorced. And in our separation agreement, which
I am divorced. And in our separation agreement, which carried over to our divorce, my Xagreed to continue paying for a life insurance policy on me. We had had the policy for about 35 years. She paid i… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I want to file for divorce. I have been separated from my
I want to file for divorce. I have been separated from my spouse since 1992. I live in California. My spouse lives in Pennsylvania. I am about to move to Georgia. In what state should I file for divor… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Starting a divorce. We are separated. We began and operated
Starting a divorce. We are separated. We began and operated a business together in 2004 and continued to operate it together up till 2014 when we moved the business out of our garage into a warehouse,… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
Divorce/Separation/ Partition Agreement Questions: My CA
Divorce/Separation/ Partition Agreement Questions:My CA husband and I have physically separated after 14 years of marriage. Our arguments have been over financial issues. Instead of divorce or legal s… read more
socrateaser
socrateaser
1,031 satisfied customers
If my stepmom wanted a divorce and maintained a separate
if my stepmom wanted a divorce and maintained a separate residence, and my father dies, can her next of kin status be compromised? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can I receive a legal separation agreement while my divorce
Second opinion] Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separati… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,411 satisfied customers
Can I receive a legal separation agreement while my divorce
Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separation agreement. Sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
Separated in 2006 due her Drugs and Alcohol issues. In 2009
Separated in 2006 due her Drugs and Alcohol issues.In 2009 I agreed to use my credit 9 years ago to buy a house and agreed on a partition agreement of $70k to her in form of me using my credit to by t… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
Why would you file for separation instead of divorce?he
Why would you file for separation instead of divorce?he would still remain responsible for half of everything and the house I live in needs a roof… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I had a legal separation agreement prior to our divorce. My
I had a legal separation agreement prior to our divorce. My ex wife had exclusive use of the family residence. I was to deposit my monthly pay check in the the joint account for living expenses and co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Divorce in California. My husband asked for a separation and
Divorce in California. My husband asked for a separation and moved out of our home into an apartment a month ago. I am his second wife and we've been married 14 years, dated 4 years before being marri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Considering a Divorce frm my wife cuz she's abusing alcohol
considering a Divorce frm my wife cuz she's abusing alcohol very badly an wont quit??? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm wondering if, in the case of divorce or legal separation
I'm wondering if, in the case of divorce or legal separation - at what age does a child have the right to refuse visitation with the parent? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
My husband and I are getting a legal separation. Divorce
My husband and I are getting a legal separation. Divorce before 2019 would cause a loss of income for me and we have agreed to stay married until 2019. He will buy me out of our house and I will quit-… read more
LawTalk
LawTalk
Attorney and Counselor at Law
37,855 satisfied customers
A divorce with no separation of asset and recently filed,
Hello again :)A divorce with no separation of asset and recently filed, how long approximately could it take? And do I need to present myself in court or could a lawyer represent me?… read more
LawTalk
LawTalk
Attorney and Counselor at Law
37,855 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x