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Loren
Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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In a divorce the house and land is in one persons parents

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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
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: South Carolina it is family land
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: My parents on house and land would I have give her any money For house

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Customer: replied 30 days ago.
Ik
Customer: replied 30 days 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: replied 30 days 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.

Customer: replied 30 days ago.
Would I have to give her any money

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

Customer: replied 30 days ago.
Thanks a lot u were a big help

You are very welcome.

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Loren

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