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  1. #1

    Default Splitting The House

    Hi my mom just found out my dad has been cheating on her and wants to leave him. She wants him to sell the house so they can split the money and go their separate ways. The house is all paid off and although my dad was the one paying the mortgage my mom paid EVERYTHING else like electricity, gas, water, cable, everyone in the familys health insurance everything you can think of. The house is in both their names with my dad as the primary and the checking account the mortgage payments were taken out of was in a banking account with both their names on it too. He is saying he doesn't want to give her any money for the house and that he wants everything.
    1) Is it possible for him to keep all the money if he sells the house since he is the primary owner on the house?
    2)If they both agree they want to get a divorce do they have to get a lawyer to divorce them and go through that whole process or is there a different way they can be divorced that would be less expensive and extensive then getting a lawyer to do everything?

  2. #2

    Default divorce procedure

    Hi we live in virginia and my mom just found out my dad has been cheating on her and wants to leave him. She wants him to sell the house so they can split the money and go their separate ways. The house is all paid off and although my dad was the one paying the mortgage my mom paid EVERYTHING else like electricity, gas, water, cable, everyone in the familys health insurance everything you can think of. The house is in both their names with my dad as the primary and the checking account the mortgage payments were taken out of was in a banking account with both their names on it too. He is saying he doesn't want to give her any money for the house and that he wants everything.
    1) Is it possible for him to keep all the money if he sells the house since he is the primary owner on the house?
    2)If they both agree they want to get a divorce do they have to get a lawyer to divorce them and go through that whole process or is there a different way they can be divorced that would be less expensive/extensice then getting a lawyer to do everything?

  3. #3

    Default Re: divorce procedure

    I dont know if it makes a difference but i wanted to add that they've been married for 25 years. Also they got married in another country and didn't actually get married in the United States but have been living together here as husband and wife for the past 24 years.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Splitting The House

    What do you think it means to be a "primary owner"? Are you stating that the title is exclusively in his name?

    Please stop posting multiple threads on the same question. Thanks.

  5. #5

    Default Re: Splitting The House

    I didn't mean to post twice if you know how to delete one of the two please be my guest. No the title is in both their names. Maybe I'm confused about what it means to be the primary owner and you can enlighten me. I am just wondering if it is possible for him to claim he should get a larger half of the money they get for the house since he is the primary and my mom is the secondary owner of the house.
    I also had a second question on my last post by the way, my second question was:
    "If they both agree they want to get a divorce do they have to get a lawyer to divorce them and go through that whole process or is there a different way they can be divorced that would be less expensive/extensice then getting a lawyer to do everything?"

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Splitting The House

    I have no way of knowing how the property is titled, as I have never seen the title. There are a lot of possible factors that her lawyer can help her go through, which might affect the amount of her interest. But she apparently has a title interest in the house which, on top of a long-term marriage, makes it very likely that she is entitled to a share of the proceeds.

    If they can agree to everything and can figure out the paperwork, they can handle the divorce themselves.

  7. #7
    Join Date
    Apr 2006
    Location
    not sure
    Posts
    526

    Default Re: Splitting The House

    Quote Quoting questions123
    View Post
    I didn't mean to post twice if you know how to delete one of the two please be my guest. No the title is in both their names. Maybe I'm confused about what it means to be the primary owner and you can enlighten me. I am just wondering if it is possible for him to claim he should get a larger half of the money they get for the house since he is the primary and my mom is the secondary owner of the house.
    I also had a second question on my last post by the way, my second question was:
    "If they both agree they want to get a divorce do they have to get a lawyer to divorce them and go through that whole process or is there a different way they can be divorced that would be less expensive/extensice then getting a lawyer to do everything?"
    When the division of property comes up, your dad may find that he is entitled to less than half. Fault is of issue for the purpose of a fair and equitable division of property. What is the wording that establishes the belief that there is a primary/secondary owner?

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