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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16627
Experience:  Licensed experienced Attorney
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My husband is in jail, I want a divorce if I pay the monthly

Customer Question

My husband is in jail, I want a divorce if I pay the monthly payments on the house and put the most down will I keep the house?
Submitted: 3 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 3 years ago.
Hello. My name is Alex and I will be happy to answer your question.

I am sorry to hear about your difficult situation.

Was the house purchased during the marriage?

Does the house currently have any equity?

Is the house title in both yours and your husband's name?
Customer: replied 3 years ago.


It was bought during marriage, it has both names on it, but trying to get his name off of it. We still owe on the house.


 

Expert:  Alex J. Esq. replied 3 years ago.
Dear Crystal,

Thank you for your follow up.

How long have you husband been incarcerated?
Customer: replied 3 years ago.


He has been incarcerated for 2 months now, and he will be living with his parents while our 2 young children and I stay at the house.


 

Expert:  Alex J. Esq. replied 3 years ago.
Dear Crystal,

Thank you for your follow up.

If the house was purchased during the marriage, generally each spouse will be entitled to equitable share of any equity that the house would have at the time of filing of the divorce.

However, equitable does not mean equal and the judge will take into consideration many factors related to the purchase of the house and also current financial situation, as well as, the entire situation related to your divorce when it comes to deciding which spouse would get to keep the house and which spouse might have to buy out the other spouse's interest in any equity in the house.

I wish you the best of luck and please let me know if you have any related follow up questions.
Customer: replied 3 years ago.


If he signs a quit claim form does this clear his name and the equity that I might have to buy him out with?


 

Expert:  Alex J. Esq. replied 3 years ago.
Dear Crystal,

If your husband signs a quitclaim deed as part of the divorce settlement, then he would loss any interest in the house.
Expert:  Alex J. Esq. replied 3 years ago.
Dear Crystal,

Do you have any related follow up questions for me?