My hubby and I will be getting a divorce (uncontested hopefully). We’ve been together for 11 yrs and married for 4 yrs. We do not have any kids. We agree on the division of most of property, and the only major asset we have is our 2001 manufactured home; therefore, this is the main dispute. We still owe K on the house; tax appraisals say it’s worth K. I feel that he should “get” the house. I have no prob. w/this b/c it sits on his family’s land. I think he should buy out my half of the equity (K), re-finance, and continue to pay the mortgage w/o my name on it. Therefore, he can do whatever he wants w/it – sell, keep, move elsewhere, etc. He thinks I should only get approximately K from the house – which is half of what it’s worth (K) minus half of what is still owed (my part of the debt – K). He also does not want to put more money into this house than he needs to.
A few questions:
1) Am I still responsible for this original debt? It would seem that if he would get the house, then I’m done w/the house. I think it would be the same as if I were a roommate that moved out but since it’s a house, there’s equity. But I think only getting K from this house is unreasonable considering what we’ve both put in to it. We’ve both paid an equal amt., literally – if he paid the month’s mortgage, then I would pay him half of the bill and vice versa. We’ve never combined our accts.; we’ve always kept them separate but made sure the bills got paid. This has worked for us.
2) So if this is the only dispute, would this still be considered an uncontested divorce or since we’re disputing the house and can’t come to an agreement, is it contested?
3) Should we seek legal representation? My hubby does not want a lawyer to get involved b/c of the cost. I would like legal advice just to make sure everything is equitable, fair, and done right. Is getting a lawyer a waste of money? I would not want this to become more antagonistic due to the involvement of a third party. Could a mediator help in this situation? What are the advantages/disadvantages of both (lawyer an mediator)?
4) Have any of you been in a situation like this – where you have no real assets and you can agree on the separation of most things? How did it turn out? How did you resolve any disagreements?
Thanks in advance for any advice.
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