Divorce question re: house

[t.j. booker 217]

The wife gets the house, both cars, and all the cash. Then she sleeps with the husband’s best friends and brags about it on Facebook. 

 

[jerryskids 6,790]

26 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.)

Then why would she get any of the house?  Seems like the deadbeat guy's parents own the house.  The divorcing couple aren't even renters, they're moochers.

I'm thankfully oblivious to family court, but this seems like an interesting case.  If he doesn't make money (if I'm reading that right), could the court compel the guy's parents to support her?  Seems like they shouldn't, but I'm not a pretend lawyer.   

[nobody 2,667]

Just now, jerryskids said:

Then why would she get any of the house?  Seems like the deadbeat guy's parents own the house.  The divorcing couple aren't even renters, they're moochers.

I'm thankfully oblivious to family court, but this seems like an interesting case.  If he doesn't make money (if I'm reading that right), could the court compel the guy's parents to support her?  Seems like they shouldn't, but I'm not a pretend lawyer.   

Seems like the parents gifted the house to them both since both of their names are on the deed.

[jerryskids 6,790]

5 minutes ago, nobody said:

Seems like the parents gifted the house to them both since both of their names are on the deed.

Good point, I forgot that tidbit.  Rich parents, take note! 

 

[TimHauck 2,858]

3 hours 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.

Well, not him if his parents are footing the bill.

[Engorgeous George 2,331]

Parents stop paying the mortgage and the mortgagor forecloses.  House is gone.  Equity, if any, is placed in escrow with the Court until it decides the case.  Both parties are out on the street.  Husband moves in with wealthy parents and the grandpoarents petition the court to have the child reside in their safe and stable home until the case is decided instead of with the mother who is now at best in transitional housing if not out on the street.  Everntually any assets which remain to the marriage after the parties fight and end up paying for their attorneys new mercedeses and summer homes will be split 50%/50%.  Custody will be split more or less the same though the child will be allowed to remain with the grandparents through the existing school year. 

Your friend needs to understand there are no winners in a divorce outside of the attorneys.  She probacbly has some misconceptions based on hollywood divorces that make the news, but for regular folks there is only financial loss.  Neither party will maintain their predivorce lifestyle, financially. 

[Mike Honcho 5,269]

15 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. 
 

Is she hot? Can size? 

[Twinsdad 55]

1 hour ago, Mike Honcho said:

Is she hot? Can size? 

Fock, the Geek club is slipping....it took until page 2 to ask for can size?!?!  

[Mike Honcho 5,269]

13 minutes ago, Twinsdad said:

Fock, the Geek club is slipping....it took until page 2 to ask for can size?!?!  

 

 

[Kopy 568]

16 hours ago, TheNewGirl said:

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. 

Exactly. 

House gets sold, and profits split. Or, if she really wants to keep it that bad. She's gotta buy out her soon to be's half. Him and his lawyer would have to agree to it though. And of course, she'd have to be able to do it.

[Kopy 568]

14 hours ago, nobody said:

Seems like the parents gifted the house to them both since both of their names are on the deed.

Exactly. The parents f'd up.

 

[BunnysBastatrds 2,436]

 Moltaive Cocktail 

 I have a friend that built a big deck in there home and three weeks later filled for divorce. He knew it wasn’t going to end amicable so he took an axe and completely destroyed it. I might have been involved. Biotch hated me for good reason. I nailed her chubby sister and the chuber couldn’t stop talking about Bunny.

[IGotWorms 4,058]

On 9/20/2024 at 4:31 AM, Engorgeous George said:

Parents stop paying the mortgage and the mortgagor forecloses.  House is gone.  Equity, if any, is placed in escrow with the Court until it decides the case.  Both parties are out on the street.  Husband moves in with wealthy parents and the grandpoarents petition the court to have the child reside in their safe and stable home until the case is decided instead of with the mother who is now at best in transitional housing if not out on the street.  Everntually any assets which remain to the marriage after the parties fight and end up paying for their attorneys new mercedeses and summer homes will be split 50%/50%.  Custody will be split more or less the same though the child will be allowed to remain with the grandparents through the existing school year. 

Your friend needs to understand there are no winners in a divorce outside of the attorneys.  She probacbly has some misconceptions based on hollywood divorces that make the news, but for regular folks there is only financial loss.  Neither party will maintain their predivorce lifestyle, financially. 

So how does she stop that from happening?

I would not ordinarily recommend it, but in this case I think she needs to get a good lawyer and first thing is convince the court he should have to pay for her lawyer. Seems to be her only hope

[seafoam1 3,017]

17 minutes ago, IGotWorms said:

So how does she stop that from happening?

I would not ordinarily recommend it, but in this case I think she needs to get a good lawyer and first thing is convince the court he should have to pay for her lawyer. Seems to be her only hope

Really bad advice. 

[LaChup 233]

The parents should take the house and shame them both for dereliction of duty.

[Engorgeous George 2,331]

12 hours ago, IGotWorms said:

So how does she stop that from happening?

I would not ordinarily recommend it, but in this case I think she needs to get a good lawyer and first thing is convince the court he should have to pay for her lawyer. Seems to be her only hope

The Courts in most states will make the income earning partner, if there is only one, pay for the attorney for the other party.  That is pretty standard.  How does the wife oprevent the parents from ceasing to pay on the mortgage, she cannot.  the court has no jurisdiction over what gifts the parents make completely gratuitously.  If the mortgage cannot be kept current by the wage earner the mortgag company has every right to foreclose, and will.  the court has no jurisdiction to order otherwise.  As the property's equity is a marital asset it presumptively witll be shared equally but until the court rules on that the equity proceeds from the sale will be deposited with the court.  the court may releawse some early to the wife against a future offset if that is necessary to keep her from becoming homeless.  as for child custody during the pendency of the poroceedings the court will look to the best interest of the child.  That may well be to keep the child in a stable home and school system such as apparently can be provided by the grandparents.  If the mother can provide a stable and safe environment the court generally defaults to the mother in such mattersd, sexist though that may be.  The father does have some leverage with cthe court on that issue if the mother is unstable, abusive, or drug dependant. 

[Engorgeous George 2,331]

Again, the only winners in a contested divorce are the attorneys.  The parties should realistically look at their finances and their assets.  They should agree to an even, equitable split.  They should look at the statutory guidelines in their state which are redily available and agree to abide by them as to support issues.  As for custody they should agree the chjild is in the primary custody of the mother presuming she is non-abusive.  They should agree the father has liberal visitation every weekend with custody.  They should split custody on holidays on a rotating schedule if they cannot visit each other and be civil on holidays, and the husband should get summer custody to the extent he wants.They should file jointly and be done with it based upon their agreement because 99 times out of 100 that will be the outcome of a contested divorce but in a contested divorce attorney fees will drain the marital assets by a substantial degree.  

 

Just suck it up and split the whole pie equitably of have the attorneys take three slices of the pie and them have the parents equally divide the remainder.  Their choice.

[Strike 5,538]

3 minutes ago, Engorgeous George said:

Again, the only winners in a contested divorce are the attorneys.  The parties should realistically look at their finances and their assets.  They should agree to an even, equitable split.  they should look at the statutory guidelines in tyheir state which are redily available and agree to abide by them as to support issues.  As for custody they should agree the chjild is in the primary custody of the motherr presuming she is non-abusive.  They should agree the father hsas liveral visitation every weekend with custody.  They should split custody on holidays on a rotating schedule if they cannot visit each other and be civil on holidays, and the husband should get summer custody to the extent he wants.They should file jointly and be done with it based upon their agreement because 99 times out of 100 that will be the outcome of a constested divorce but in a contested divorce attorney fees will drain the marital assets by a substantial degree.  

 

Just suck it up and split the whole pie equitably of have the attorneys take three slices of the pie and them have the parents equally divide the remainder.  Their choice.

Why should they agree that the mother gets primary custody?  What if her parenting is the main reason he's divorcing her? 

[IGotWorms 4,058]

15 minutes ago, Engorgeous George said:

The Courts in most states will make the income earning partner, if there is only one, pay for the attorney for the other party.  That is pretty standard.  How does the wife oprevent the parents from ceasing to pay on the mortgage, she cannot.  the court has no jurisdiction over what gifts the parents make completely gratuitously.  If the mortgage cannot be kept current by the wage earner the mortgag company has every right to foreclose, and will.  the court has no jurisdiction to order otherwise.  As the property's equity is a marital asset it presumptively witll be shared equally but until the court rules on that the equity proceeds from the sale will be deposited with the court.  the court may releawse some early to the wife against a future offset if that is necessary to keep her from becoming homeless.  as for child custody during the pendency of the poroceedings the court will look to the best interest of the child.  That may well be to keep the child in a stable home and school system such as apparently can be provided by the grandparents.  If the mother can provide a stable and safe environment the court generally defaults to the mother in such mattersd, sexist though that may be.  The father does have some leverage with cthe court on that issue if the mother is unstable, abusive, or drug dependant. 

Yikes, terrible answer. That’s just waving the white flag. Proceeds from foreclosure split evenly? lol, there are never any real proceeds from a foreclosure— not for the previous owner anyways. They lender has zero incentive to get you money.

She definitely needs to figure out how to provide a stable home but unless she has her own rich family to fall back on, that means going on offense. If she just lets this play out like you’re saying she ends up in a very bad place. Which may happen anyways, but better to take your shot.

[IGotWorms 4,058]

3 minutes ago, Strike said:

Why should they agree that the mother gets primary custody?  What if her parenting is the main reason he's divorcing her? 

This dude doesn’t know what he’s talking about, not here anyways. No state will give her primary custody without a very good reason. Well not unless he just isn’t interested in being in the kid’s life and gives her full custody. But few people will even do that because it means they have to pay a sh1t load of child support 

[Strike 5,538]

Just now, IGotWorms said:

Yikes, terrible answer. That’s just waving the white flag. Proceeds from foreclosure split evenly? lol, there are never any real proceeds from a foreclosure— not for the previous owner anyways. They have no incentive to get you money.

She definitely needs to figure out how to provide a stable home but unless she has her own rich family to fall back on, that means going on offense. If she just lets this play out like you’re saying she ends up in a very bad place. Which may happen anyways, but better to take your shot.

Wrong as usual.  A simple Google search shows that banks list foreclosed properties at market value.

[Strike 5,538]

Just now, IGotWorms said:

This dude doesn’t know what he’s talking about, not here anyways.

Neither do you.

[IGotWorms 4,058]

7 minutes ago, Strike said:

Wrong as usual.  A simple Google search shows that banks list foreclosed properties at market value.

lol, theres one born every minute

[nobody 2,667]

I'd be shocked if banks didn't find a way to buy foreclosed houses under market and then resell them for some sort of profit.

When has a bank not been slimy as hell?  That's why I invest in them.

[seafoam1 3,017]

18 hours ago, IGotWorms said:

This dude doesn’t know what he’s talking about, not here anyways. No state will give her primary custody without a very good reason. Well not unless he just isn’t interested in being in the kid’s life and gives her full custody. But few people will even do that because it means they have to pay a sh1t load of child support 

This dude doesn’t know what he’s talking about.

[Engorgeous George 2,331]

19 hours ago, IGotWorms said:

Yikes, terrible answer. That’s just waving the white flag. Proceeds from foreclosure split evenly? lol, there are never any real proceeds from a foreclosure— not for the previous owner anyways. They lender has zero incentive to get you money.

She definitely needs to figure out how to provide a stable home but unless she has her own rich family to fall back on, that means going on offense. If she just lets this play out like you’re saying she ends up in a very bad place. Which may happen anyways, but better to take your shot.

My advice allows the grandparents to stop supporting the DIL during the pendancy of a protracted divorce.  It brings matters to a head.  As for the foreclosure sale, the grandparents can backstop the equity by bidding in the sale themselves and they apparently have the financial means to do so.

 

My point was to force the DIL to come to terms, rapidly, on an equitable divroce, one where the outcome is more or less preknown by everybody but the dueling parties.  There are no real surprises in most divorces as to property division and child custody, nor as to support.  yes, there can be slight variations away from the norm, but those variations are rarely worth fighting over through attorneys as the slight wins are nearly always more than offset by the attorney fees.  Protracted divorces where one side imagines a win are nearly always a mistake.  OProtraccted divorces where the husband pays for the wife's obstinance is always a mistake for the husband and gives the wife leverage.  The wife needs to be brought to the table.  The best method for doing so is to force her to realistically examine her housing situation.