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  1. #1
    Join Date
    Aug 2019
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    5

    Default Divorce

    My question involves a marriage in the state of:PA

    We have decided to divorce. We have a home together that was purchased prior to marriage. My soon to be ex and I talked and we feel it may not sell due to two young kids and the wear and tear they put on it. We pruchased the property prior to our marriage. We were both wanting to know if we can just leave both our names on it but have a contract notarized stating that even though both names are still on it, the occupying party will be responsible for all payments and utilities until refinancing to remove one of our names is able to be done. Its a mutual split so nothing as far as custody needs to be worked out since we agreed on 50 50. We are just stuck on what to do with the house because that is the only thing in both our names. I also want to give my spouse my car but also do something similar as the house with the title. They would have to pay the insurance though obviously.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,227

    Default Re: Divorce

    Quote Quoting rowena2003
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    My question involves a marriage in the state of:PA

    We have decided to divorce. We have a home together that was purchased prior to marriage. My soon to be ex and I talked and we feel it may not sell due to two young kids and the wear and tear they put on it. We pruchased the property prior to our marriage. We were both wanting to know if we can just leave both our names on it but have a contract notarized stating that even though both names are still on it, the occupying party will be responsible for all payments and utilities until refinancing to remove one of our names is able to be done. Its a mutual split so nothing as far as custody needs to be worked out since we agreed on 50 50. We are just stuck on what to do with the house because that is the only thing in both our names. I also want to give my spouse my car but also do something similar as the house with the title. They would have to pay the insurance though obviously.
    Legally it can be done on both but it isn't by any stretch of the imagination a good idea.

    Are the house and car financed?

  3. #3
    Join Date
    Aug 2019
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    5

    Default Re: Divorce

    Quote Quoting PayrolGuy
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    Legally it can be done on both but it isn't by any stretch of the imagination a good idea.

    Are the house and car financed?
    Yes they are.

  4. #4
    Join Date
    Oct 2016
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    3,227

    Default Re: Divorce

    Quote Quoting rowena2003
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    Yes they are.
    Then the person not living in the house would be an absolute idiot to keep their name on the mortgage. Same really goes for the person not keeping the car.

    I know everyone is getting along now but that doesn't mean it will keep going that way in the future. Hey, you didn't think you would be divorcing when you got married, did you?

  5. #5
    Join Date
    Aug 2019
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    5

    Default Re: Divorce

    Quote Quoting PayrolGuy
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    Then the person not living in the house would be an absolute idiot to keep their name on the mortgage. Same really goes for the person not keeping the car.

    I know everyone is getting along now but that doesn't mean it will keep going that way in the future. Hey, you didn't think you would be divorcing when you got married, did you?
    I know. I just dont know what to do to get the other persons name off since they cannot refinance due to credit. I dont want to keep the house period, but i dont know what else to do. Im constantly being told that it wont sell. I also dont want to involve the courts because they usually seem to make things worse.

  6. #6
    Join Date
    Oct 2016
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    3,227

    Default Re: Divorce

    Quote Quoting rowena2003
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    I know. I just dont know what to do to get the other persons name off since they cannot refinance due to credit. I dont want to keep the house period, but i dont know what else to do. Im constantly being told that it wont sell. I also dont want to involve the courts because they usually seem to make things worse.
    Who is telling you it won't sell?

  7. #7
    Join Date
    Jul 2018
    Posts
    1,644

    Default Re: Divorce

    Quote Quoting rowena2003
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    They would have to pay the insurance though obviously.
    "They"? Who refers to a spouse as "they"? Give that you have kids, I have to assume your spouse's gender is not unknown to you.

    That said, you can settle the property division aspect of your divorce pretty much however you want. Whether it's a good idea to continue co-owning property with a man/woman you are divorcing is a very different issue. Regardless of what you do, I suggest that you retain the services of a local attorney to ensure that everything is done correctly from a procedural standpoint.

    Quote Quoting rowena2003
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    Im constantly being told that it wont sell.
    Being told by whom?


    Quote Quoting rowena2003
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    I also dont want to involve the courts because they usually seem to make things worse.
    I have to wonder how much personal experience you have to back this up, but there is no way to get a divorce without "involv[ing] the courts."

  8. #8
    Join Date
    Aug 2019
    Posts
    5

    Default Re: Divorce

    Well i dont want the courts involved with custody as we both have had bad expierences in this area in the past. We have a lawyer that will look over stuff but he doesnt want to pay the fee

    He is because of the kids and just the wear and tear little ones put on a place. Its a newly built home less than 5 years old so i dont see why it wouldnt.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,073

    Default Re: Divorce

    It is REALLY not wise to leave the court out of a custody issue. You don't have to have the courts make the decisions; if the two of you together come to a reasonable conclusion that you're both happy with, a court will sign off on it. But there will come a day when you really, really want to have that court order so neither of you can make unilateral changes against the will of the other one.

  10. #10
    Join Date
    Aug 2019
    Posts
    5

    Default Re: Divorce

    Thats what we are doing. We drew up the custody stuff for review and signature but he wants to take over the house without changing names and such. Thats the only sticking point w this.

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