ttnman3
New
Reged: 11/05/07
Posts: 1
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2.5 yr marraige with no children in the marraige - she has 3 from previous relationships.
the wife has decided to move on with yet another fella, but says she will not leave the house. I bought in my name 3 months after marraige. can she actually take my home?
I debated actually just stopping payments and letting the bank foreclose (is that legal?), then dealing with the financial loss after foreclosure - at least she wouldnt get the satisfaction.
overall debt - approx 30k between cars and a CH 13 bankruptcy. if we default on the house prob another $20k there. is she liable for her portion of that debt? all within the last 2 years?
our income is combined at $105k with me at $72 and she at $33.
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Nish
Platinum
Reged: 02/18/07
Posts: 1231
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Wow,
You are asking whether something is legal after the fact? I do not know the laws of Colorado, but in CA, regardless of whether both or only 1 name in on title for the house, if bought during the marriage, it is considered marital assets.
I am not sure the courts are going to be real thrilled that you just stopped making house payments, unless you really can prove that you didn't have the funds to do so.
I, regardless of what the courts would or would not allow, would never allow my house to be foreclosed on, unless I had exhausted every possibilty and just had noway to obtain money to pay the mortgage. Why? I want to keep my credit rating in as good standing as possible.
My credit rating took a hit during the last few years of my former marriage. The former husband lost his job and after the severance pay ran out, it was just my income. I found a way to keep the mortgage up to date, but would have to suffle the credit card payments, so they were late a few times.
One of the things we did during our divorce was to pay off all marital debt with the sale of our house, before we split the equity. That helped me start fresh, and thankfully, though my rating had taken a hit, it wasn't in the tank.
3 years later, I just learned, when my current husband and I refianced our home, that I have managed to crawl back up so that my credit score is considered very good.
I just can't see intentionally digging a deeper hole that you will need to climb out of, just to be sure she doesn't get the house, or what I would think would be 1/2 the equity of the house.
From what I have read, you in essense have manged to shoot yourself in the foot. It would have been wise to get answers to those questions, in advance of your actions, from a professional, rather than just blindly doing things and then asking after the fact.
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stillwaiting
New
Reged: 11/06/07
Posts: 4
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I agree wholeheartedly about doing everything possible to salvage ones credit rating. I also have a home that is solely in my name. I am the husband that has filed for a divorce and she is contesting it or at least unwilling to sign the papers. She claims to be holding out until 10 years in order to qualify to get my social security down the road.
She claims not to want the house at this point but I am not sure that it will not become an issue. I am currently living in the house with my son from a previous relationship who is in college. She stayed in the hosue from april of 2006 through the end of August of 2006. During that time she paid none of the mortgage or the taxes or the utilities. I was forced to pay for all of it and find another place to live. I moved back in when she vacated in Sept 2006 and I have been here since. I hve carried the load single handedly and was very close to throwing in the towel and selling the house. I feel like becasue she no longer shares in the expenses that she no longer can claim the full value of her part.
At one point I tried to refinance the house to pay the taxes that were due for 2006 and she would not sign the standard spousal waiver that kept her in position behind the second mortage to recieve and monies should I sale the house. She is aware that she has this power to block me at every turn.
However I am trying to find out is she can hold out beyond the two year waiting period from the filing of the divorce. I was told that if she won't sign then i have to wait tow years. I filed in July of 2006 and the 10 year requirement for her to qualify for my social security benefit will be September 2008. Can she drag it out beyond the 2 years? I live in Pennsylvania.
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Nish
Platinum
Reged: 02/18/07
Posts: 1231
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You have totally lost me, which isn't hard to do at times. I thought you were living in Colorado, as that is the forum you posted on. You now state you are in PA.
If you have a lawyer, what does he/she say? Sounds like, thanks to your wife's inaction, you are limited to what can be done within a given period of time. I however have no legal training and can't advise you what can or can't be done.
It is just plain evil what some people do or don't do during a divorce. Maybe another, more knowledgable poster will respond.
They most likely will need to know where you filed for divorce, if you are in PA, but posting on the CO board. What state your wife lives in...just some general information that comes to mind.
Good Luck
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Nish
Platinum
Reged: 02/18/07
Posts: 1231
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Oops, failed to notice I actually responded to what another posted.....sigh
Sorry! Good luck all the same.
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stillwaiting
New
Reged: 11/06/07
Posts: 4
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I actually thought that it was an open forum but now I see that it is by states. Thanks for the response nevertheless. I am new to this and was not sure how to tap into the right group.
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Nish
Platinum
Reged: 02/18/07
Posts: 1231
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Still,
It is open, I just failed to notice that my 2nd reply was to your posting, after I sent my reply.
They do the State forums, because the great USA doesn't have the same laws governing all states in regards to divorce and well just about everything. Makes it easier to respond to some issues when it is clear the state you are in.
I think it totally sucks that your stbx has this mindset of hanging on for 10 years. Hopefully you can get a lawyer who can advise you how to get this completed as quickly as possible.
I was fortunate to not have this kind of stuff going on during my divorce. I already had the long term part, hands down, since we had been married for 25 years. I just wanted out of the alcohoic haze he chose to live in.
I didn't want or need alimony, as I was working fulltime. Just sell the house, pay the bills and split what was left. Pretty simple and no haggling. I don't understand the need to make life miserable when the marriage is over. I count myself fortunate that I didn't have to deal with the madness I have read that can and does happen.
I sure wish you all the best. Keep posting and let us know how things work out for you.
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