Author Topic: Attorneys...or others with experience regarding divorce and deeds, etc.  (Read 3028 times)

EconDiva

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I have a female friend filing for divorce soon.  I know divorce situations are never pretty, but this one is pretty bad.  She's got a 6 month old she conceived while her husband was trying to conceive with someone else.  He's moved out as of a few weeks ago and has moved the mistress from across the country to down the street from her. 

Anyways, she told me he wants to sell the house she and the kids live in; his name is on the deed.  He's telling her they need the equity but she's saying the reason is to cut financial ties with her.  I don't see the "need" for equity considering how high of an income earner he is but it's not like I know their budget.

Can a divorce attorney keep him from putting the house up?

mozar

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Is her name on the deed?

EconDiva

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LeRainDrop

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It would be negotiated as part of the terms of the divorce decree.  Your friend really ought to consult with a divorce attorney.  Many will give a free 30 or 60-minute consultation.  If she has very little resources, she may call the local legal aid associations to see if they can help her pro bono.

ETA:  Oh, I just saw your response that your friend's name is not on the deed.  That sucks.  But if she has been living there for awhile and married to the owner, that can give her attorney leverage to negotiate or seek the court's intervention on the sale.  I have no idea whether she ultimately would succeed or not.  She really needs to consult a local divorce attorney.
« Last Edit: March 18, 2016, 12:32:06 PM by LeRainDrop »

EconDiva

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It would be negotiated as part of the terms of the divorce decree.  Your friend really ought to consult with a divorce attorney.  Many will give a free 30 or 60-minute consultation.  If she has very little resources, she may call the local legal aid associations to see if they can help her pro bono.

ETA:  Oh, I just saw your response that your friend's name is not on the deed.  That sucks.  But if she has been living there for awhile and married to the owner, that can give her attorney leverage to negotiate or seek the court's intervention on the sale.  I have no idea whether she ultimately would succeed or not.  She really needs to consult a local divorce attorney.

She already did the consult.  She just hasn't gone through with anything yet because her job laid her off the week before she was to return from maternity leave.  So she's got a lot going to say the least. And this was just sprung on her within the last day or two.

LeRainDrop

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It would be negotiated as part of the terms of the divorce decree.  Your friend really ought to consult with a divorce attorney.  Many will give a free 30 or 60-minute consultation.  If she has very little resources, she may call the local legal aid associations to see if they can help her pro bono.

ETA:  Oh, I just saw your response that your friend's name is not on the deed.  That sucks.  But if she has been living there for awhile and married to the owner, that can give her attorney leverage to negotiate or seek the court's intervention on the sale.  I have no idea whether she ultimately would succeed or not.  She really needs to consult a local divorce attorney.

She already did the consult.  She just hasn't gone through with anything yet because her job laid her off the week before she was to return from maternity leave.  So she's got a lot going to say the least. And this was just sprung on her within the last day or two.

Oh, man, that's terrible.  So sorry to hear it.

norabird

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Please point her to the website survivinginfidelity.com. There is a great group there who can support and advise her. Dealing with the logistics will be hard but the emotional fallout is devastating too. The website is something of a lifeline for those in crisis.

nedwin

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In Colorado, once a divorce action is filed there is an automatic stay that prohibits any party from selling marital property.  A portion of the equity of the home may be marital, regardless of who is on the deed.  This may prevent him from selling the property out from under her.  Also, she may be able to obtain attorney fees from her ex husband in a divorce action.  Usually this is based on a party's ability to pay, not whether they "win or lose."  Usually attorney fees statutes in divorce cases are designed the level the playing field between the spouses.  She can file the petition on her own without an attorney, and retain one later.  The court system may have a "self help" section on its website with forms for divorce cases, and it may even have a "self help" clinic or other assistance at the courthouse.  Colorado has all of this, but of course this may all be different in the state your friend lives in. 

Axecleaver

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If it's a community property state, doesn't matter whose name is on the deed. It wasn't 100% clear from your post but I gather the child is the husband's? She should file for a temporary support order, which will keep money coming in prior to the divorce being finalized. Temporary support is usually higher than the final support figures, so it's to her benefit to get it in place immediately and take her time on finalizing the divorce.

Fortunately, sounds like she has a pretty good case lined up. The husband will end up paying for her attorney, so she shouldn't let a lack of funds stop her from hiring one ASAP.

SeanMC

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She needs to see a lawyer asap.

The deed is a red herring. But she needs to get protected from his spending or hiding money/assets in GENERAL at this point.

At the end of the day, it's pretty unlikely that she would stay in the house with the kids if it is really important to him that the house be sold off. However, that determination would be part of the division of marital property and support order. It's not a "surprise! you have nowhere to live!" that he can spring on her.