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In a divorce the house and land is in one persons parents…

In a divorce the...

In a divorce the house and land is in one persons parents name but the loan is in the couples name with the same parents as cosigner what would be the out come

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

South Carolina it is family land

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My parents on house and land would I have give her any money For house

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Answered in 8 minutes by:
9/23/2017
Loren
Loren, Attorney
Category: Legal
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Customer reply replied 10 months ago
Ik
Customer reply replied 10 months ago
Ok

Typically, when one spouse is on title and both are on the loan, if the property was to remain in the name of titled spouse, the court would give them a certain amount of time to refinance in their own name, while meeting the current obligation themself.

If they did not refinance within the allotted time then they would be in contempt of court and subject to sanction.

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Customer reply replied 10 months ago
Property is in my parents name. Loan is in our name with my parents as cosiner

The property is not marital if it is titled in your parents' names.

The court will likely require refinancing to release the non possessory ex spouse from liability.

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Customer reply replied 10 months ago
Would I have to give her any money

Probably not. It is not titled to you or her.

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Customer reply replied 10 months ago
Thanks a lot u were a big help

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,809
Experience: 30 years experience representing clients.
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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.

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