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Old 02-05-2013, 10:12 PM
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Janus Janus is offline
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Originally Posted by dman24man View Post
oh and i have her on tape threatening me with legal and i said how will you pay and she said i have money put away.
I don't fully understand why you are so worried about losing in court.

she is asking for sole possession of the house. i told her i will give it to her if she signs that she wont move our child out of the house for 5 years and if she does i want my half. she refused and just wants it anyway. she is asking for the court to give it to her.l
If she did sign that paper, it would not have any effect whatsoever. She could sign the paper and then move out with impunity 2 months later. Hell, she could move out 10 seconds after getting the house.

Perhaps you meant "exclusive possession"? That would be when she lives in the house, but you still own it. The way you wrote the above it sounded like you were considering an unequal division of marital assets (namely, giving her the house). If she is asking for exclusive possession, she will probably have to accuse you of domestic violence first.

Either way, I would just get the house sold on the market now. Send a registered letter saying that you want to list the house, or you want to be bought out within X days. You get the cash you need to fight your legal battle, and don't have to worry about costs.

I think you need to get to court, and you need representation while in court. I don't think you understand the laws well enough to adequately defend yourself.