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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-04-2009, 02:57 PM
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Question need advise on where to start

I'm new to this forum and in all honesty..I'm looking to get some information for someone I'm currently involved with.

Long story short, I'm seeing someone who is just recently separated from his 2nd wife of 18 years. Since she would not leave, he decided to leave the home and is now living on his own. The home is paid for and was purchased during the marriage and title is in both their names. I've come to learn from reading some of the previous posts, that they are both entitled to a 50/50 of the value of the home. However, my question is this, now that he has left, what if he wants to buy her out and retain the home for himself? How should he go about this without it causing any unneeded stress for both spouses?

As the home will eventually have to be sold, it is unclear if she will want to remain living there and take on a mortgage just to pay him out. Any suggestions and advise would be appreciated, as I'm sure I will have many more questions in the near future.

Thank you all and have a great day.
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Old 02-04-2009, 03:02 PM
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sorry... I should mention that they do not have any children.

Thank you again.
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Old 02-04-2009, 07:21 PM
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There are alot of variables involved here.

If your partners EX is in agreement to him buying her out of her share of the house equity and he has the funds great.

IF she wants to stay in the house and can come up with a way to buy HIM out, is he OK with that?

Is he prepared to take her to court for exclusive possession of the matrimonial home? Does he have a valid argument as to why it should be his?

I'm not sure how his leaving the home would play into the court proceedings.

Of course if they can come up with a separation agreement and equalization payment amongst themselves that they are both happy with that's the ideal thing to do.
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