Can I prevent my wife from taking the house in the divorce?

47omek · 2021-11-23T05:38:39+00:00

Typically if the parties in divorce can't agree on who gets the house, the judge will order the home sold and the proceeds net of mortgage divided equally between the parties.

dogsrule2019 · 2021-11-23T05:11:36+00:00

Normally the x has x period of time to refinance and remove you. Sounds like she won't be able to due to credit so either you should stay or sell it.

Calm_Tomato · 2021-11-23T08:18:44+00:00

My ex wanted the house but wasn’t going to be able to refinance it in her own name. She couldn’t afford it. I ended up buying her out.

pegleg_legal · 2021-11-23T11:29:43+00:00

The only thing either party can force is the sale. The rest is up to negotiation. I guess I would say that if she really really really wants the house, that will give you a lot of leverage in other areas.

sicrm · 2021-11-23T06:52:55+00:00

good advice given already but make sure you don’t willingly move out no matter what she says.

Alright_So · 2021-11-23T14:59:15+00:00

Is she open to the idea of you buying her out? Not clear from your post.

jimsmythee · 2021-11-23T15:39:55+00:00

If her name is on the deed? That means each of you have a 50% equity interest in the home. That means the court would eventually decide what needs to be done.

If she wants to keep the house herself, then she would need to refinance in her name only and pay you your equity interest in the house (generally that's 50%).

If you want to keep the house, then you would need to pay her the share of her equity interest in the house and then she would sign a new deed, removing her name from the deed.

5w3ggy · 2021-11-23T16:11:36+00:00

You might just have to buy her out. Buying her out is the best thing to do, maintaining the house the kids are used to and keeping it yourself gives you a huge advantage in a lot of ways such as school.

Duchat · 2021-11-23T16:11:51+00:00

So the debt is in your name but the equity is shared. She could end up with half a house, and you end up with half a house and all the debt. She seems to have gotten a great deal there. I think you need a lawyer to advise you , not Reddit. Laws vary drastically depending on where you live.

used2befast · 2021-11-23T18:52:32+00:00

Doesn’t matter . Marital asset . I know it’s BS . Sell it and split it. Just my $.02

Title	Can I prevent my wife from taking the house in the divorce?
Author	puppymonkeybaby79
Upvotes	6
Comments	26
Date	November 23, 2021 4:52 AM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/r059p2/can_i_prevent_my_wife_from_taking_the_house_in/
Archive Link	https://theredarchive.com/r/Divorce_Men/can-i-prevent-my-wife-from-taking-the-house-in-the.1087015 https://theredarchive.com/post/1087015

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