Without rambling too much, I am looking for advice for my Dad Re: Matrimonial Home.
My parents separated in 2001 (married approx. 26 years), agreed to a separation agreement in 2002/2003 (he can't remember & cant' find agreement) . Where my Dad was given interm possession of the house (which was appraised & valued then) custody of my youngest brother (15 at the time) and order to pay SS of 1200/month. Nothing else has been done. She was court ordered to stay away from the house at one time due to abuse towards my Dad.
On Friday, my Mom served Dad with a Form 14 to have the house assessed & sold. She wants her 1/2 of the house.
We (myself, hubby, two kids) live in the house with my Dad & have since 2003 (moved back home & what was to be temporary has turned into us all living together.)
I won't go into all the random stuff she put in her affidavit, most of it untrue, though I see from reading on here that is not uncommon. (unless info is needed)....
Basically my question is what happens now? He has to reply to the Form 14? Court date is the 19th...what happens at that?
It's been so many years...he's almost paid off the house now (only a year left to renew mortgage...which he's done since she's left)
We are going (today) to see if Dad can get a new lawyer as his lawyer long left our town. He wants to keep the house, he's not necessarily against buying her out...but also just wants the divorse finalized....Do we just deal with the house? Does he offer a Offer to Settle and offer to buy her out & deal with the divorce separate? I would assume from reading that it would be the value of home at separation minus what was owing?? Would that still hold true after all these years? Is there a limit in time? Can she force the sale?
Dad has offered to sell us the house (on many occasions that is one of many reasons why we are still here - ) though we are not wanting to deal with my mother (she had offered to sell it to us at one point, then she had another manic episode & is no longer speaking to me) We have told him to get divorce finalized & buy her out of house so we would only be dealing with him.
Thanks for any advice
My parents separated in 2001 (married approx. 26 years), agreed to a separation agreement in 2002/2003 (he can't remember & cant' find agreement) . Where my Dad was given interm possession of the house (which was appraised & valued then) custody of my youngest brother (15 at the time) and order to pay SS of 1200/month. Nothing else has been done. She was court ordered to stay away from the house at one time due to abuse towards my Dad.
On Friday, my Mom served Dad with a Form 14 to have the house assessed & sold. She wants her 1/2 of the house.
We (myself, hubby, two kids) live in the house with my Dad & have since 2003 (moved back home & what was to be temporary has turned into us all living together.)
I won't go into all the random stuff she put in her affidavit, most of it untrue, though I see from reading on here that is not uncommon. (unless info is needed)....
Basically my question is what happens now? He has to reply to the Form 14? Court date is the 19th...what happens at that?
It's been so many years...he's almost paid off the house now (only a year left to renew mortgage...which he's done since she's left)
We are going (today) to see if Dad can get a new lawyer as his lawyer long left our town. He wants to keep the house, he's not necessarily against buying her out...but also just wants the divorse finalized....Do we just deal with the house? Does he offer a Offer to Settle and offer to buy her out & deal with the divorce separate? I would assume from reading that it would be the value of home at separation minus what was owing?? Would that still hold true after all these years? Is there a limit in time? Can she force the sale?
Dad has offered to sell us the house (on many occasions that is one of many reasons why we are still here - ) though we are not wanting to deal with my mother (she had offered to sell it to us at one point, then she had another manic episode & is no longer speaking to me) We have told him to get divorce finalized & buy her out of house so we would only be dealing with him.
Thanks for any advice
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