Matrimonial Home

[indebt]

common law for 6 years; home and mortgage is in both names; net equity in the home is approx $0; spousal support range is between $4,000-$20,000; she is not entitled to compensatory support; family debt $40,000; she is not working now but consistently made $30,000 per year during relationship; she cannot take on any debt with no income; i have agreed to take on all of the debt in lieu of spousal support; i have agreed and been approved to take on the mortgage myself; she wants the newer car ($10,000) and $5000 cash to sign over the house; i have a lawyer; she has legal aid; selling the house would add $15,000 in debt (real estate, penalty, lawyers)

Question 1 - will a judge agree that the debt should offset any spousal support? i agreed to take on her half of the family debt

Question 2 - if there is no equity in the home, and i agree to take over the mortgage, is she obligated to sign over the house? can a judge force her to sign? or will the judge force the sale of the house? how long will it take to get to court? is she obligated to mitigate the losses?

[standing on the sidelines]

hmm looks like she wants it all. You are basically taking over all the debt instead of splitting it with her (40,000) instead of paying her support. No equity in the house and she still wants more (newer car and 5000)

I would take on the extra 15,000 just to make sure this doesn't drag out. As long as she has a lawyer and agrees to no SS becasue you are taking the debt the judge will agree (it is not like CS)

If both you and her agree (to the terms) that you will take over the mortgage and ownership of the house then she has to sign it over.