Divorce question re: house

[peenie 1,905]

A friend is getting a divorce. She is married to a man who is wealthy through his parents. They own a home together (both names are on the deed) but neither of them has contributed to the mortgage or down payment. In fact, the mortgage has been paid since day 1 by the husband's family. He has filed for divorce, but SHE wants to keep the house. They have a small child together and she wants full custody and the home. He wants shared (1/2 and 1/2 custody), he wants her to sell the home, and they split the profits. 
There has been no abuse or cheating by the husband or wife. Is there any chance she can keep the home? Do the parents have rights to home? The parent's names are not on the deed. 
 

[Strike 5,213]

Why would she be entitled to the entire house?  She will get half and like it!!!

[Bier Meister 1,658]

Not sure she has any claim to the whole house, nor 100% custody. I guess more details may come out in the process.

[peenie 1,905]

I agree with you guys. I am not sure what she is thinking. She's originally from California, so that may have something to do with it. 

[shadrap 220]

4 minutes ago, peenie said:

A friend is getting a divorce. She is married to a man who is wealthy through his parents. They own a home together (both names are on the deed) but neither of them has contributed to the mortgage or down payment. In fact, the mortgage has been paid since day 1 by the husband's family. He has filed for divorce, but SHE wants to keep the house. They have a small child together and she wants full custody and the home. He wants shared (1/2 and 1/2 custody), he wants her to sell the home, and they split the profits. 
There has been no abuse or cheating by the husband or wife. Is there any chance she can keep the home? Do the parents have rights to home? The parent's names are not on the deed. 
 

She owns 1/2 of the house as her name is on the deed.  She doesn't get 100% of the house because of a divorce.  Parents have no rights to the home because their names are not on the deed even though they have been paying for it.  Of course she wants full custody but unless her husband is found a criminal, disturbed, etc. custody will be shared.  Husband has it right-sell the house split the proceeds & split custody.  If she goes the full on fight in court, lawyer fees will kill her & him.  It's not worth it if everything you posted is correct.

[iam90sbaby 2,491]

11 minutes ago, peenie said:

but SHE wants to keep the house.
 

Of course she does.  Never get married, stay safe out there fellas.

[peenie 1,905]

2 minutes ago, shadrap said:

She owns 1/2 of the house as her name is on the deed.  She doesn't get 100% of the house because of a divorce.  Parents have no rights to the home because their names are not on the deed even though they have been paying for it.  Of course she wants full custody but unless her husband is found a criminal, disturbed, etc. custody will be shared.  Husband has it right-sell the house split the proceeds & split custody.  If she goes the full on fight in court, lawyer fees will kill her & him.  It's not worth it if everything you posted is correct.

Good point. His parents have already poured money into a lawyer who specifically fights for men's rights. 

[Alias Detective 1,389]

4 minutes ago, peenie said:

Good point. His parents have already poured money into a lawyer who specifically fights for men's rights. 

Men’s rights. lol. 

[shadrap 220]

4 minutes ago, peenie said:

Good point. His parents have already poured money into a lawyer who specifically fights for men's rights. 

If she wants to fight out of spite she will pay the price.  Her feelings are hurt & she wants to strike back but it will only backfire in huge legal costs & end up 50/50 anyway.

[TBayXXXVII 2,485]

10 minutes ago, shadrap said:

She owns 1/2 of the house as her name is on the deed.  She doesn't get 100% of the house because of a divorce.  Parents have no rights to the home because their names are not on the deed even though they have been paying for it.  Of course she wants full custody but unless her husband is found a criminal, disturbed, etc. custody will be shared.  Husband has it right-sell the house split the proceeds & split custody.  If she goes the full on fight in court, lawyer fees will kill her & him.  It's not worth it if everything you posted is correct.

Was just about to post something similar. 

[Hardcore troubadour 14,949]

Ask Rusty

[frank 2,276]

 

[IGotWorms 4,057]

I’m not a divorce attorney and the bored righties will tell you I’m not a real attorney at all. So huge grain of salt here. Also I don’t know sh1t about your state and things can vary by state.

But I believe the court would look at it like the mortgage payments were a gift from the husbands parents and then the question is was it a gift to the husband only or a gift to the husband and wife. I think, but don’t actually know, that it would be presumed to be a gift to them both, at least assuming that they bought the house together while married. It gets more complicated if the husband bought the house before they were married.

But she would probably only be entitled to half the equity in the home. So if she was going to keep it she’d have to pay him off for his share of the equity and then she’d also probably have to get the mortgage refinanced to her (which obviously means she’d have to be able to qualify for it and pay for it by herself). Usually this is just not feasible and so typically people do end up selling the house and splitting the profits. Only time it usually works for one spouse to keep the house is if they had a bunch of other assets too, so that the husband could take all those assets to offset the wife getting the house.

Also pretty unlikely she gets full custody. Usually there has to be some really bad substantiated instances of abuse or neglect towards the kid (not just the spouse) for something like that to happen. Absent that they’re probably likely to end up with shared custody if the husband wants it. And he will, because otherwise he’ll owe a ton of child support.

So most likely your friend is probably not being reasonable and will not get what she’s asking for. Sucks for her but often with divorces your standard of living will slip and you will have to share custody of your kids and that’s just all there is to it.

[IGotWorms 4,057]

51 minutes ago, peenie said:

Good point. His parents have already poured money into a lawyer who specifically fights for men's rights. 

The lawyer is probably sh1tty (most “men’s rights” lawyers are shysters, good attorneys will represent either side).

And she may be able to get the court to order him to pay for her attorney. Typically not fair if one side can pay for an attorney and bury the other side with that.

[DonS 3,292]

5 minutes ago, frank said:

 

You muthafocka!  I just copied a link to this. 

[IGotWorms 4,057]

46 minutes ago, shadrap said:

If she wants to fight out of spite she will pay the price.  Her feelings are hurt & she wants to strike back but it will only backfire in huge legal costs & end up 50/50 anyway.

This is basically it in a nutshell. She should agree to mediate early and get the best deal she can. Basically it’ll probably be 50/50 with the kids and the property but there’s different ways that can shake out as far as exact custody schedule, who gets the debt, what kind of property she gets, how retirement accounts (if any) are dealt with, etc

[IGotWorms 4,057]

Child support might be an issue too, even at 50/50 custody that could be an issue in many states. And potentially spousal support especially if she needs education or something to get a decent job and support herself.

Kinda sounds to me like neither of them do sh1t so it might be hard getting that out of the guy. She’s going to have to work to show that this guy has way more than her even if it is all technically through his parents. She’ll need a good lawyer and will probably need to request up front that the court make him pay for her attorney.

[5-Points 3,395]

57 minutes ago, shadrap said:

She owns 1/2 of the house as her name is on the deed.  She doesn't get 100% of the house because of a divorce.  Parents have no rights to the home because their names are not on the deed even though they have been paying for it.  Of course she wants full custody but unless her husband is found a criminal, disturbed, etc. custody will be shared.  Husband has it right-sell the house split the proceeds & split custody.  If she goes the full on fight in court, lawyer fees will kill her & him.  It's not worth it if everything you posted is correct.

Since he wants to sell the house and split the $, he can file a Quit Claim deed then the house would be solely in her name. She can then take out a HELOC and pay him his half. 

She gets the house, he gets half the money. 

And they can each send me a point for figuring this out for them. 

[DonS 3,292]

She'll get nothing and like it! 

 

[IGotWorms 4,057]

2 minutes ago, 5-Points said:

Since he wants to sell the house and split the $, he can file a Quit Claim deed then the house would be solely in her name. She can then take out a HELOC and pay him his half. 

She gets the house, he gets half the money. 

And they can each send me a point for figuring this out for them. 

You think she can qualify for and pay for the mortgage and a HELOC on all her own? Sounds like the two of them have just been sponging off his parents so I doubt it.

And BTW, quit claim would usually be an event of default under the mortgage, if the mortgage is in both of their names.

[Thornton Melon 607]

She sounds like a twaat

[edjr 6,578]

sounds like she needs to meet a really long set of stairs 

[MLCKAA 546]

So she wants to start paying the mortgage?

[MLCKAA 546]

16 minutes ago, 5-Points said:

Since he wants to sell the house and split the $, he can file a Quit Claim deed then the house would be solely in her name. She can then take out a HELOC and pay him his half. 

She gets the house, he gets half the money. 

And they can each send me a point for figuring this out for them. 

He can’t quit claim property he doesn’t own.  The banks owns that house.

[Mark Davis 339]

Gotta love the guy doing nothing wrong and his parents footing the bill for the house and she wants 100% of it.  My cousin ran into this but switch the husband/wife side.  My uncle paid for his daughter and her husband a home, after their kids got college age the divorce came and the husband fought for every dime he could get out of it.  I tried to tell my uncle to schedule him a visit from the Welcome Wagon but he really isn't vindictive to that degree.

[TheNewGirl 1,353]

1 hour ago, shadrap said:

She owns 1/2 of the house as her name is on the deed.  She doesn't get 100% of the house because of a divorce.  Parents have no rights to the home because their names are not on the deed even though they have been paying for it.  Of course she wants full custody but unless her husband is found a criminal, disturbed, etc. custody will be shared.  Husband has it right-sell the house split the proceeds & split custody.  If she goes the full on fight in court, lawyer fees will kill her & him.  It's not worth it if everything you posted is correct.

OR, she needs to buy out the husbands half of the house and live there. But no way does she just get the house and/or kids because he's the one who filed. 

[jerryskids 6,573]

23 minutes ago, Thornton Melon said:

She sounds like a twaat

Yeah... I thought about multiple ways to respond here, but with no abuse or cheating, it sounds like they just fell out of love...

in which case, why is she being such a biotch about it?  Occam's Razor says... she's probably just a biotch in real life.  If so, best he cut bait sooner than later, I guess.

[Gladiators 1,964]

Looks like you got your answer. You can go ahead and Peenie this.

[seafoam1 2,803]

1 hour ago, peenie said:

A friend is getting a divorce. She is married to a man who is wealthy through his parents. They own a home together (both names are on the deed) but neither of them has contributed to the mortgage or down payment. In fact, the mortgage has been paid since day 1 by the husband's family. He has filed for divorce, but SHE wants to keep the house. They have a small child together and she wants full custody and the home. He wants shared (1/2 and 1/2 custody), he wants her to sell the home, and they split the profits. 
There has been no abuse or cheating by the husband or wife. Is there any chance she can keep the home? Do the parents have rights to home? The parent's names are not on the deed. 
 

 Sure there hasn't. They lived the perfect life together...... but are now getting divorced and fighting over the house. 

And just so you know, constant bltching and whining is "abuse".  I'm putting my money on her being the abuser unless the husband is generalpimpledoosh. 

[DonS 3,292]

42 minutes ago, jerryskids said:

Yeah... I thought about multiple ways to respond here, but with no abuse or cheating, it sounds like they just fell out of love...

in which case, why is she being such a biotch about it?  Occam's Razor says... she's probably just a biotch in real life.  If so, best he cut bait sooner than later, I guess.

 

 

[5-Points 3,395]

2 hours ago, IGotWorms said:

You think she can qualify for and pay for the mortgage and a HELOC on all her own? Sounds like the two of them have just been sponging off his parents so I doubt it.

And BTW, quit claim would usually be an event of default under the mortgage, if the mortgage is in both of their names.

Not necessarily. If a couple is getting a divorce and one of them can afford the mortgage and bills and one can't, the one who can't, can quit their claim and walk away, leaving the house to the one who can. 

I believe Peenie said the house was paid off. I'm not sure if the bank would give her a HELOC worth half the home's value but if they did, there's his half.

However, this is all contingent on her having a job that pays enough to afford the monthly payments. Which it doesn't sound like she has. But she can take on a roommate to help offset the cost. 

[5-Points 3,395]

1 hour ago, MLCKAA said:

He can’t quit claim property he doesn’t own.  The banks owns that house.

Peenie said his parents paid it off and it is in their name, not the parents. Unless I read that wrong. 

[Ron 'Tator Salad' White 116]

3 hours ago, Alias Detective said:

Men’s rights. lol. 

In a divorce exactly lol almost like that while privilege I keep hearing about. 

[peenie 1,905]

No, it's not paid off, the parents put down on the house and they pay the mortgage each month. (Which is insane to me, because the couple are fully grown, dare I say middle aged adults, but I guess if you have family that's willing to take care of you, good for you.)

[IGotWorms 4,057]

19 minutes ago, 5-Points said:

Not necessarily. If a couple is getting a divorce and one of them can afford the mortgage and bills and one can't, the one who can't, can quit their claim and walk away, leaving the house to the one who can. 

I believe Peenie said the house was paid off. I'm not sure if the bank would give her a HELOC worth half the home's value but if they did, there's his half.

However, this is all contingent on her having a job that pays enough to afford the monthly payments. Which it doesn't sound like she has. But she can take on a roommate to help offset the cost. 

I don’t think she said it was paid off. If so, that’s different, but if not, that would be an event of default on the existing mortgage, unless she affirmatively refinanced it in her name (and could qualify for it and afford the payment)

[nobody 2,567]

You should report them to the IRS for receiving mortgage payments and down payment that they likely didn't report as income and get the reward based on back taxes collected.

[nobody 2,567]

Kidding, of course.  You should kill the wife and marry the husband or kill the husband and marry the wife.

[nobody 2,567]

Kidding of course.  You should file a class action suit against amazon.

[5-Points 3,395]

18 minutes ago, peenie said:

No, it's not paid off, the parents put down on the house and they pay the mortgage each month. (Which is insane to me, because the couple are fully grown, dare I say middle aged adults, but I guess if you have family that's willing to take care of you, good for you.)

 

10 minutes ago, IGotWorms said:

I don’t think she said it was paid off. If so, that’s different, but if not, that would be an event of default on the existing mortgage, unless she affirmatively refinanced it in her name (and could qualify for it and afford the payment)

I misunderstood her OP. I thought she said the mortgage was paid on day one by the husband's parents. I read that wrong. So my scenario isn't possible. 

I'll show myself out. 

[supermike80 1,807]

3 hours ago, peenie said:

A friend is getting a divorce. She is married to a man who is wealthy through his parents. They own a home together (both names are on the deed) but neither of them has contributed to the mortgage or down payment. In fact, the mortgage has been paid since day 1 by the husband's family. He has filed for divorce, but SHE wants to keep the house. They have a small child together and she wants full custody and the home. He wants shared (1/2 and 1/2 custody), he wants her to sell the home, and they split the profits. 
There has been no abuse or cheating by the husband or wife. Is there any chance she can keep the home? Do the parents have rights to home? The parent's names are not on the deed. 
 

Why the fock if there was no cheating or abuse is this biatch going for full custody???

Fock her.  I hope she gets crap.  Thats bullsh!t, taking his kids away for no reason.

Sorry but thats my takeaway