How to Keep the House in Divorce - Laurie Itkin - The Options Lady

[@CAH.214]

"CO-OWN IT FOR JOHNNY!" That's a good one. Divorce is a blood bath and a one way street. Say goodbye to the house. Say goodbye to the kids. This video poses more of a warning than anything. Thanks a ton.

[@soblessed4844]

We were married for 33 years. I gave up all rights to his annuity and he signed over the house and signed an agreement that he would have no rights or claim to it! It worked out perfectly for us! I am financially independent and have a lucrative career, and so does he! He has his own pension and l have my own pension. We are amical, date off and on, and vacation together! It worked out beautifully for us.😉

[@LaurieItkin]

You have a unique situation. I'm glad it worked out well for you.

[@PVT.Ramirez-x2y]

He lacks self respect.

[@soblessed4844]

@@PVT.Ramirez-x2y 😢You sound bitter and judgmental…Sorry your situation didn’t turn out so amazing for you.💅🏽

[@bradley8apig461]

If I'm keeping the house what is realistic number to split the value. Can you remove the brokers fee's and paperwork fees along with needed repairs from the total? Is this a common accepted practice?

[@nahndibush1942]

If I can pay my husband half the equity on our home and continue to pay the mortgage on my own, do I still have to refinance? It would take our interest rate from less than 3% to around 7%. Is it possible to just have his name removed from the mortgage And sign an agreement that I will pay the mortgage? I do know that if his name stays on the mortgage It may affect his borrowing ability to buy his own house, but with the equity and maybe a little extra from me he could put down a higher down payment, could that offset? Long question, sorry. Just found you today, wonderful video!

[@LaurieItkin]

Dear Nahndi, please check with your lender to see if they will allow you to qualify for a loan "assumption." It is rare, but we are seeing it happen more often.

[@basicprogrammer6147]

Neither party wishes to sell the home at all, either before or after the divorce. Could we agree to keep the home? Or, will a judge order the home sold?

[@LaurieItkin]

You can continue to co-own the house but who will live there and what expenses will the party living there pay? Will the spouse who is not living there agree to stay on the mortgage? Or will one spouse buy out the other party's interest?

[@basicprogrammer6147]

@@LaurieItkin My bedroom would be in the basement, her's would be on the second floor. Google search: Divorced couples can live together So, my question is: might the judge sense something isn't okay and not allow that? It seems like family law courts have way too much power, and they usually end up destroying families.

[@basicprogrammer6147]

My daughter just turned 18. My wife and daughter do not want me to live in the home during divorce proceedings, which will take 3 years because neither my wife nor I wish to sell the home. Could I charge my wife and daughter rent? I would agree to pay half the property taxes. But, I am not enjoying the home and have to pay my own rent.

[@LaurieItkin]

It depends in which state you live. In California it is a valid point to raise that you should receive half of the monthly fair market rental value of the house since you are not living there but that would be offset by the amount your wife is paying for the mortgage and potentially other expenses. It also depends if you are paying temporary child and spousal support. If you live in California and want a one-hour paid consultation with me please contact me through my website at www.theoptionslady.com.

[@adelch4898]

My ex sign a quit claim did giving me the house , and we issue a postnuptial agreement 3yrars ago , Does the house will be separate property! (Florida )

[@75Fracia]

Is it even possible to hire someone to do a divorce agreement without going to court? I’m in California. Help!

[@LaurieItkin]

Absolutely! I work with legal document assistants and mediators as well as attorneys. There are many paths that don't require you to go to court. Please book a consultation via my website: www.theoptionslady.com

[@katejoyce8561]

What if we decide to get a divorce but then agree to keep the house and continue to share the mortgage payment to be able to pay it off and for our son to inherit it. Would that be possible if we both agreed to it?

[@LaurieItkin]

Yes, you could become partners and put it in an LLC and rent it out. Or if one of you wanted to stay in the home generally the person staying in the home pays the mortgage, 50% or 100% of the property tax (that's negotiated), all utilities, and regular maintenance.

[@georgesontag2192]

I had a friend that tried co owning the home until the children turned 18 years old. Here is what happened. The wife stopped payng her half of the taxes, upkeep and morgage. She lived in the house for 3 years completley free while the house went into forclosure. The house was sold at auction and the husband lost everything. He could not afford two places. I think this gal is trying to add value to her profession by not telling the risks involved. All men should keep 50% of his money out of his marriage so he can buy his own house after the wife takes it.

[@LaurieItkin]

Yes, George, that is one of the risks. The settlement agreement should include language that permits the spouse not living in the property to make the mortgage payments should the other spouse not be able to do so. There can also be a provision that if the mortgage is late twice, then the house shall be sold.

[@ericglaude4953]

@georgesontag it’s a no win situation even if you have enough to cover 50% of the home equity in most normal situations. in a case where the wife just decides one day to leave and you realize when you get home after work that there is a note saying that the banal account has been divided and her is the buyout amount for the house. All offsets aside, if you want to live in the house after you pay the buyout, you have to a lot more than 50% in your account to still live in the home. Unfortunately in my situation, marriage has been terribly unfair to men, and the only persons who do win are the lawyers.

[@ishyehudi7911]

why does she owe husband full half equity, if she is accepting half his debt of remaining mortgage?

[@georgesontag2192]

This picture she describes is not realistic. Let me tell you how it really goes when a wife files for divorce with children. The judge undervalues the house in order for her to stay in the house. The judges goal is to keep her in that house with the children, even if she cannot afford it. The judge will not study her ability to pay. They know she will have a new man in that house helping her in two weeks. The judge deducts 10 years of alimony off the husband's equity share. The furniture, appliances, garden equipment, TV, dog..... all hers for " free". Everything adds up to her benefit. The husband will not need that because the title of the house was quick claimed deeded to her overnight. This gal is making it sound like the man can negotiate, get a fair deal or turn her proposal down. He cannot do anything. All the man can do is find a blanket to put in the back seat of his car to sleep. No divorced man on planet earth got half of the house. Even if he had equity at the end, the judge allows the divorce lawyers to take it. Go ask 100 divorced men with children and see if they say it was all a fair negotiation.

[@PVT.Ramirez-x2y]

If you're a woman and you want to divorce your husband just because you don't like him anymore, you don't have right over the stuff that he worked hard for. Its very simple, go tell your new lover to buy you a house and new car.

[@basicprogrammer6147]

1. Wife files for OP to get me ejected. Then files for divorce and demands sole possession of the house. 2. House is unencumbered, owned by both. 3. The OP ends and I am allowed to go back home. 4. Neither of us wants to sell. 5. What happens?

[@LaurieItkin]

If neither wants to sell, then you can "auction" it off between the two of you. The person who is willing to pay the highest buyout amount to the other person keeps the house. If neither of you can afford to buy out the other, then you will likely have to sell it. Or both of you could move out and your could co-own it and rent it out.

[@basicprogrammer6147]

@@LaurieItkin Or we could both live in it. My question is more like: Can the judge actually force the sale in our situation? I don't think so, since we're all adults. But I am getting mixed responses, and usually from people who do not understand my point: divorced people can live together. A big problem in my case is my wife hates me for some reason. She's 52. Menopause?