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Divorce and Community Property/Housing
Posted on 5/14/14 at 9:03 am
Posted on 5/14/14 at 9:03 am
I have a friend who is divorced. The divorce was finalized almost a year ago. However, community property has not been settled/finalized.
The wife moved from the main house into a guesthouse on the property. She does not work (and will not work) and has no source of income besides spousal support (which will be ending soon) and child support payments.
The house is under water and in need of repair. Obviously my friend doesn't want to sink money into it before the property is settled, though it's almost assuredly going to be his responsibility when it's all said and done. He'll be stuck with a house that isn't worth what he owes on it and needs a shite load of money to get it into shape.
My question: what can be done legally to force the issue of her moving out? Both lawyers are dragging their feet BIG time and don't seem to be in any hurry to get this all finalized. She won't have a viable place to live except with her parents in their shithole of a house. Complicating matters even worse is the fact that his son will be forced out as well and will have to live in completely shitty conditions. My friend works 14/14 offshore and thinks he would have no shot at getting custody.
Anyone have any advice on how to legally handle this situation?
'My friend' is not me. See my sig.
The wife moved from the main house into a guesthouse on the property. She does not work (and will not work) and has no source of income besides spousal support (which will be ending soon) and child support payments.
The house is under water and in need of repair. Obviously my friend doesn't want to sink money into it before the property is settled, though it's almost assuredly going to be his responsibility when it's all said and done. He'll be stuck with a house that isn't worth what he owes on it and needs a shite load of money to get it into shape.
My question: what can be done legally to force the issue of her moving out? Both lawyers are dragging their feet BIG time and don't seem to be in any hurry to get this all finalized. She won't have a viable place to live except with her parents in their shithole of a house. Complicating matters even worse is the fact that his son will be forced out as well and will have to live in completely shitty conditions. My friend works 14/14 offshore and thinks he would have no shot at getting custody.
Anyone have any advice on how to legally handle this situation?
'My friend' is not me. See my sig.
13
Posted on 5/14/14 at 9:03 am to lnomm34
Sorry about your divorce and for your wife having taken the BBC regular-like.
Posted on 5/14/14 at 9:04 am to lnomm34
quote:
what can be done legally to force the issue of her moving out? Both lawyers
He should prolly go see his lawyer.
Posted on 5/14/14 at 9:04 am to lnomm34
Posted on 5/14/14 at 9:05 am to lnomm34
quote:
Both lawyers are dragging their feet BIG time
No way. Lawyers would never drag their feet simply to maximize billable hours!
Posted on 5/14/14 at 9:06 am to lnomm34
Not a lawyer but just went through this with my wife and her ex. The only way to get her removed is to get her to sign a quit claim deed releasing all rights to the property (that is outside of a property settlement). If her name is on the mortgage, there is nothing he can do besides that.
Posted on 5/14/14 at 9:08 am to lnomm34
PS - there is not going to be any way of forcing her out of the house in this situation. No way (its still hers right now).
And you're correct about the custody imo, it will be joint custody unless she's unstable. Unemployed is not considered unstable, the mom has to almost be a serial killer to have custody removed.
And you're correct about the custody imo, it will be joint custody unless she's unstable. Unemployed is not considered unstable, the mom has to almost be a serial killer to have custody removed.
This post was edited on 5/14/14 at 9:10 am
Posted on 5/14/14 at 9:14 am to lnomm34
quote:
The divorce was finalized
apparently it is not
Posted on 5/14/14 at 9:17 am to lnomm34
quote:
Both lawyers are dragging their feet BIG time and don't seem to be in any hurry to get this all finalized
you do understand how lawyers get paid right? they like having subscription income like netflix. divorce goes too quickly (before the client's funds are exhausted) and they lose out.
quote:
She does not work (and will not work) and has no source of income besides spousal support (which will be ending soon) and child support payments.
this is good for your friend, right? alimony ending will help his financial situation.
quote:
The house is under water and in need of repair. Obviously my friend doesn't want to sink money into it before the property is settled, though it's almost assuredly going to be his responsibility when it's all said and done
i thought you meant literally for a second and i was going to ask if her bed was a boat.
i know in TN, any property you have not 'improved upon' as a couple..for instance land inherited from your parents..is not split by divorce...100% of it remains with the owner so don't ever ask your wife to help clean the barn out on land your family owns.
however since the divorce was finalized already, why in the world is she still hanging around his house? what does the paperwork say about the guesthouse?
quote:
Complicating matters even worse is the fact that his son will be forced out as well and will have to live in completely shitty conditions. My friend works 14/14 offshore and thinks he would have no shot at getting custody.
who has custody now?
my advice is to have him sell the property if possible and find a new place to live without her having any type of claim to it.
how did she end up staying on his property in the first place?
This post was edited on 5/14/14 at 9:19 am
Posted on 5/14/14 at 9:21 am to lnomm34
I have to assume that primary custody was given to the ex-wife? That's interesting in that she apparently cannot show ability to provide housing for the child.
Shitty lawyers. They know they can keep milking fees as long as everything is not settled. I'd fire mine if he/she did that.
Shitty lawyers. They know they can keep milking fees as long as everything is not settled. I'd fire mine if he/she did that.
Posted on 5/14/14 at 9:45 am to lnomm34
quote:
My friend works 14/14 offshore and thinks he would have no shot at getting custody.
I, along with a shite ton of co workers on my rig, work 14/14 and ALL of us have our children the entire time we're home. Does he cook meth around the child or something or does he not want his kid for the 14 that he is off?
Posted on 5/14/14 at 9:54 am to lnomm34
If the wife has moved into the guest house, then he needs to move into main house if he is lives in the same area. He can make her life miserable.
You don't say who is paying the mortgage?
Is the child in school and the house is in a good school district?
The wife will most likely get a job when the spousal support ends.
Even if she is employed, if the wife is signed on the mortgage, then the current house mortgage could disqualify her for a mortgage on another house. So where she gonna go with the kid? Most important factor is a safe home for the child.
You don't say who is paying the mortgage?
Is the child in school and the house is in a good school district?
The wife will most likely get a job when the spousal support ends.
Even if she is employed, if the wife is signed on the mortgage, then the current house mortgage could disqualify her for a mortgage on another house. So where she gonna go with the kid? Most important factor is a safe home for the child.
Posted on 5/14/14 at 10:08 am to lnomm34
quote:
Both lawyers are dragging their feet BIG time
Both are probably owed money.
Posted on 5/14/14 at 1:37 pm to lnomm34
quote:
Both lawyers are dragging their feet BIG time and don't seem to be in any hurry to get this all finalized. She
Duh. The longer they stall the more they can charge you.
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