Need House Advice

dday_throwaway3 · 2021-03-25T17:23:07+00:00

First rule in divorce: Do not take legal advice from your STBX.

She can't do shit until divorce has been filed. Even then, the house won't be sold -- or equity paid out to her -- until the divorce is finalized.

sexytimeinseattle · 2021-03-25T17:33:34+00:00

No. Division of assets is a process.

She probably needs the liquidity to rebuild her life, but can't compel a quick sale. He needs to get his own lawyer.

WartimeDad · 2021-03-25T18:35:59+00:00

She can’t simply “get a court order.” The best she can do is pay her attorney to file a motion.

sicrm · 2021-03-25T18:45:34+00:00

the best advice to give it your friend is less time talking to her and more time asking his lawyer.

also look up grey rock

LongTimeOn · 2021-03-25T19:42:48+00:00

1st thing I'd say is to STOP TALKING TO HER. Tell your friend to only communicate with her through his legal representation and block her everywhere else. Let the lawyer deal with the crazy and it'll give your mate a less stressful time during this upheaval.

used2befast · 2021-03-25T19:56:50+00:00

Don’t do what I did. Sold the house only to give the ex six figures to use for her attorney

Boring_Cancel · 2021-03-26T04:59:57+00:00

He doesn’t have to sell the house lol. The judge will determine how much equity is in the house. Your lawyer (and hers) will provide all needed documents for the judge to determine the equity value. And how much of it is solely one person and how much is a 50/50 share.

At that point. Judge will asks your lawyers is there a agreement on who will keep the house. If the agreement is your friend. Then judge will even out “marital assets with that in mind”.

Example. House equity valued at $100k. Judge determines all equity to be shared (almost always 50/50). So your friend and their ex would be entitled to $50k. If your friend keeps the house. Then your friend would need to give $50k of shared assets away in another form. For example. If they had 100k invested in stocks together. That would be $50k a piece. Since your friend is keeping the house (which means keeping his spouses 50k equity), they would have to give up their right to the 50k of the 100k investment of stocks. If not stocks they would need to come up with 50k of shared assets somehow OR simply write a check to buy the other out.

The tricky thing would be if neither party was willing to give the house up. Then a judge would either just do a split of assets and pick someone to stay in the house (essentially what I said above but judge will do all the determinations) or judge simply will order house to be sold and any profits from the sale be distributed 50/50.

Title	Need House Advice
Author	gryffindunce
Upvotes	9
Comments	30
Date	March 25, 2021 5:07 PM UTC (5 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/md35bm/need_house_advice/
Archive Link	https://theredarchive.com/r/Divorce_Men/need-house-advice.1187762 https://theredarchive.com/post/1187762

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