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  1. #11
    Join Date
    Oct 2006
    Posts
    15,497

    Default Re: Divorce

    Quote Quoting rowena2003
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    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.
    Then just say no. You CAN draw up a contract that says whatever you want it to say, but that contract won't be binding on the mortgage company. Only the mortgage contract that you originally signed will be binding on the mortgage company unless the person keeping the home qualifies to refinance and take the other person off the mortgage.

  2. #12
    Join Date
    Jul 2018
    Posts
    1,522

    Default Re: Divorce

    Quote Quoting rowena2003
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    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.
    I'm going to emphasize what I wrote before: there is no way to get a divorce without involving the courts, and that includes issues of custody, visitation, property division and child and spousal support. You can, however, settle all of the issues relating to custody, visitation and property division (and, to some extent spousal and child support), and the court will generally rubber stamp a mutual agreement.

  3. #13
    Join Date
    Oct 2016
    Posts
    3,131

    Default Re: Divorce

    Quote Quoting pg1067
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    You can, however, settle all of the issues relating to custody, visitation and property division (and, to some extent spousal and child support), and the court will generally rubber stamp a mutual agreement.
    And they will do so without much regard to your best interests.

  4. #14
    Join Date
    Apr 2018
    Posts
    13

    Default Re: Divorce

    If you honestly believe your children have damaged your 5 year old home to the extent that it cannot be sold, you need to rethink your parenting style.

    Don't listen to your soon-to-be ex. Have a realtor out to the home when your spouse is not there. He/She can give you an idea of the saleability of your home.

  5. #15
    Join Date
    Oct 2006
    Posts
    15,497

    Default Re: Divorce

    Quote Quoting paddywakk
    View Post
    If you honestly believe your children have damaged your 5 year old home to the extent that it cannot be sold, you need to rethink your parenting style.

    Don't listen to your soon-to-be ex. Have a realtor out to the home when your spouse is not there. He/She can give you an idea of the saleability of your home.
    I agree. Your spouse just wants the house. Even with small children it generally doesn't take more than a new paint job and maybe new carpeting in a room or two to make a house saleable.

  6. #16
    Join Date
    Dec 2007
    Posts
    245

    Default Re: Divorce

    It is in the CHILDREN'S best interest to have court orders for custody and visitation. Ideally, each of you would have an attorney representing your interests so even if he does not want to hire one to represent him, you should hire one to represent you. It will be less expensive in the long run to do it right now rather than try to fix it later. And, don't stay on the mortgage and title with him in possession of the property, and definitely do NOT give him full ownership of the house but remain on the mortgage. If he cannot refinance it in his name alone, it will have to be sold.

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