Hello all...
Ok, here's my situation in a nutshell.
I've been representing myself to finalize my divorce and 'other pending issues'. I started out with a lawyer but found that the money I would be paying out would be crazy..blah blah..same as most people on this forum I'm sure...so
Been seperated 3 years (had a SA drawn up that didn't end up being legal because it wasn't witnessed)
Aside from being divorced, one of the other issues to be resolved was equalization and what to do with the marital home.
I reside in the marital home however, my name is no where on the deed or the mortgage ( a control issue obviously). He lives in another home that we had purchased while still married. Two children live with me, one with him. On 3 seperate occasions I tried to resolve the house issue. 1. offered to give him post dated checks for the mortgage until such a time as I could get a mortgage in my own name...denied 2. offered to sell the house (with his signature obviously) but I would do all the legwork with the real estate agent etc... he signed the papers with the agent. Not two weeks later he called the agent to have the home removed from the listings. ( can only speculate why so I won't) 3. Went to a case conference on May 31 where the judge made temp. orders. She had asked me if I would consider taking over the home in lieu of spousal support. The equity in the home (based on his financial statement) amounted to approx. $25,000 so I agreed. Made up an offer to settle and 3 weeks later it was accepted..however! (this is where I get confused as to what I do next)....there were no numbers in the minutes of settlement. I requested definitive (or as close as possible) dollar amounts on the amount owing on the house just to cover my own rear and boy, I'm glad I did....turns out he has liens on the marital home amounting to what the house is worth (market value). To me , that means that had I have signed the minutes and agreed without dollar amounts that I would be out what the supposed 'settlement' for spousal support would be?
So, not only am I back to square one with the house/spousal support, I believe I have other issues. How can he go ahead and get loans out based on the equity of a marital home (which I've been maintaining and upgrading) without my consent??? I realize I'm not on the deed/mortgage but it is still a marital home and I am entitled to a portion of it at least. I'm just wondering if anyone has any idea what I'm supposed to do now? How do I proceed aside from requesting monthly spousal support or a lump sum settlement?
BTW- the equalization amounted to neither of us owing the other anything. Which, I just got tired of fighting for. I was entirely honest in my financial statements and he wasn't. So really the only issue is the marital home/s.
Please help!
Ok, here's my situation in a nutshell.
I've been representing myself to finalize my divorce and 'other pending issues'. I started out with a lawyer but found that the money I would be paying out would be crazy..blah blah..same as most people on this forum I'm sure...so
Been seperated 3 years (had a SA drawn up that didn't end up being legal because it wasn't witnessed)
Aside from being divorced, one of the other issues to be resolved was equalization and what to do with the marital home.
I reside in the marital home however, my name is no where on the deed or the mortgage ( a control issue obviously). He lives in another home that we had purchased while still married. Two children live with me, one with him. On 3 seperate occasions I tried to resolve the house issue. 1. offered to give him post dated checks for the mortgage until such a time as I could get a mortgage in my own name...denied 2. offered to sell the house (with his signature obviously) but I would do all the legwork with the real estate agent etc... he signed the papers with the agent. Not two weeks later he called the agent to have the home removed from the listings. ( can only speculate why so I won't) 3. Went to a case conference on May 31 where the judge made temp. orders. She had asked me if I would consider taking over the home in lieu of spousal support. The equity in the home (based on his financial statement) amounted to approx. $25,000 so I agreed. Made up an offer to settle and 3 weeks later it was accepted..however! (this is where I get confused as to what I do next)....there were no numbers in the minutes of settlement. I requested definitive (or as close as possible) dollar amounts on the amount owing on the house just to cover my own rear and boy, I'm glad I did....turns out he has liens on the marital home amounting to what the house is worth (market value). To me , that means that had I have signed the minutes and agreed without dollar amounts that I would be out what the supposed 'settlement' for spousal support would be?
So, not only am I back to square one with the house/spousal support, I believe I have other issues. How can he go ahead and get loans out based on the equity of a marital home (which I've been maintaining and upgrading) without my consent??? I realize I'm not on the deed/mortgage but it is still a marital home and I am entitled to a portion of it at least. I'm just wondering if anyone has any idea what I'm supposed to do now? How do I proceed aside from requesting monthly spousal support or a lump sum settlement?
BTW- the equalization amounted to neither of us owing the other anything. Which, I just got tired of fighting for. I was entirely honest in my financial statements and he wasn't. So really the only issue is the marital home/s.
Please help!
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