Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I need some advice on a noncontested divorice, but is

Customer Question
hello, i need some advice...
hello, i need some advice on a noncontested divorice, but is turning into a bitter divorce. in may of this yr. i got a noncontested divorice but my ex and i are having incresaingly bitter and bitter divorice. when first done we agreed that she gets the house ansd assume the home equity loan that went with the house. when infront of the judge in may this proceedure was ok, but the state of each other is more and more bitter. we also have the mortage to the house from michigan habitat for humanity/ right now i am no more than a renter. il would like to know what are my rites. i want to leave. but the bills are hinndering me that are tied to this house. i do not want to renig on those but i am feeling that this is the only way to go, also as the mortage goes the habitat has to approve how my wife gets the loan for the remaining balance. i would like to know can i go back to the judge and now say this divorce is contested and have the house to be put up for sale. there is a upsidedown mortage. this house is owed 13,ooo bucks the home equite loan is 14,000.
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 26 minutes by:
6/29/2015
Real Estate Lawyer: TJ, Esq., Attorney replied 3 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,804
Experience: JD, MBA
Verified
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. The terms "contested" and "noncontested" refer to the divorce itself, not whether there is a disagreement over the distribution of property. In other words, if one of you wants a divorce, but the other does not want a divorce, then the divorce is contested. But if you both want a divorce, then the divorce is noncontested, even if you disagree over the house. As for the house, if the mortgage is upside down, then you can't sell it unless the mortgage lender agrees to allow a short sale. You can certainly ask the lender to agree to a short sale, but that is solely the lender's choice. The judge cannot force the lender to agree to a short sale. Still, you can ask the judge to order the sale if and when the house is no longer upside down. One thing I would absolutely not do is give your wife a deed to the property until the mortgage is taken out of your name. Otherwise, you will be in a situation where you will be liable for a mortgage on property that you no longer own. I wouldDoes that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,804
12,804 Satisfied Customers
Experience: JD, MBA

TJ, Esq. 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:

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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am trying to buy a home for myself. I'm currently married.
I am trying to buy a home for myself. I'm currently married. My question is if I buy a home for myself. Does my husband have rights to the house I purchase? What rights would he Have? … read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
My dad passed away Feb 2015. The estate is negative with
My dad passed away Feb 2015. The estate is negative with exception of 12+- acres that is tied to a business loan that I'm also a co-signer on. I also have just under 7 acres in collateral tied to the … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Subject is private loans and real estate within marriage 1.
Hello, subject is private loans and real estate within marriage 1. Start off single...purchase my house and obtain a private note/mortgage from seller. 2. I get married and spouse move's in with kids.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed in Sept 2012 , did not have an attorney. Ex
I filed for divorce in Sept 2012 , did not have an attorney. Ex and I were civil at the time so he decided to default and not respond to save himself the filing fee. One of the forms we filed out was … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My ex and I still own a home together and he is refinaining
My ex and I still own a home together and he is refinaining and said the bank will only loan him the money to cover the first and second mortage. If the appraisal comes in higher he says I won't beabl… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My husband is deceased I'm the heir of the property in illinois
My husband is deceased I'm the heir of the property in illinois he's on the Morgage and the note I received a forclosure am I responsible for the paying off the house… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I divorced my wife in 96. I signed over house to my wife for
I divorced my wife in 96. I signed over house to my wife for my children. Not 2 months later we reconciled our differences and have been together ever since. After the house was paid for we took a mor… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My son who lives in OH and his ex-wife who lives in FLA jointly
My son who lives in OH and his ex-wife who lives in FLA jointly own a $500,000 house in SC. My son built the house and they lived there only 2 yrs before divorcing (no kids). They owe over $250,000 an… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I got a question regarding IL divorce and mortage issues. Got
I got a question regarding IL divorce and mortage issues. Got divorced two years ago - ex is now falling behind on payments and my, otherwise very good credit (780 prior to this) has dropped by 90 poi… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My husbands company gave us a loan for our mortage on our home.
My husbands company gave us a loan for our mortage on our home. The mortgage was all due on 12/9/11. My husband couldn't refinance the house, so he said that the loan defaulted back to his company. We… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
if in a divorce the partner who was not on the mortgage gets
if in a divorce the partner who was not on the mortgage gets the house and before getting the house the other partner got an equity loan without the others permission, who has to pay back that loan, a… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
I dont know if I need Real Estate law advice or Family Law
I don't know if I need Real Estate law advice or Family Law advice. I'm divorced. The property settlement stated that the house would be sold and profit or loss would be shared. It is possible to get … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I bought a home almost 4 years ago. I have a partner , we have
I bought a home almost 4 years ago. I have a partner , we have nothing in writing. House is in my name. I assumed after purchase and renovation we would sit down and reconcile who spent what and what … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Hello, I have a question regarding investment property purchased
Hello, I have a question regarding investment property purchased using a HELOC. I am in the middle of a very bitter divorce in the state of Arizona. Although we have title to the investment property, … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
i am getting a divorce. i have been married 2.8 years. we
i am getting a divorce. i have been married 2.8 years. we have 400k house w/ 320k in equity. me my mother and my wife are all on the title of the house as equal owners. she put in 150k toward house, i… read more
JD
JD
Doctoral Degree
1,328 satisfied customers
Over a year ago, my mom was out of money and needed help.
Over a year ago, my mom was out of money and needed help. She refinanced her home, adding me to the loan..my family and i moved in and have been paying mortage and keeping house running financially. T… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
im a homeowner who is going through a divorce right
i''m a homeowner who is going through a divorce right now but my husband is living on the property we went to court on march 28th and he was told by the judge that he clould stay on the property but o… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Husband and wife, concerning marriage. The wife is ...
Husband and wife, concerning marriage. The wife is on the ProperyTAHusband and wife, concerning marriage property rights. The wife''s name only appears on the Property Transfer Affidavit under her mai… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 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