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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 09-27-2010, 04:49 PM
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I am filing the divorce paperwork myself and I had a question about filing for possession of the marital home. My exH walked out on me and the kids in November of 2009. Only my name is on the mortgage. In our separation agreement, he waived his portion of the equity from the house as long as the children finish school living in the house or as long as I don't sell it. If I do sell and move then he wants his portion of the equity; calculated at the time the agreement was drawn up, at the time the house closes. So, when filing the paperwork, am I asking for possession of the marital home since I am living in it and have not paid him out? If I am not asking for possession then I don't have to file a statement of income which is a huge pain in the ass. I must mention that this is a joint filing for divorce. Thanks,
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Old 09-27-2010, 09:27 PM
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Yes, you are asking for possession. As well, I would get it evaluated now, so he cannot say it went higher...if prices go down as they surmise, then it would be in your favour (somewhat) to have an assessment done at that time...always best to have both, just in case
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Old 09-29-2010, 06:47 PM
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Thanks, I will do that.
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