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What paper work should we use for me to keep the house in divorce?

Asked Nov 28, 2010, 05:52 AM — 2 Answers
We agreed that I can keep the house, we don't want / need a lawyer. We have no mortgage, we've agreed on the amount I should pay. I probably would not qualify for a loan at this time. We have no children together, however I have two from a previous marriage. I work part-time from home because my husband is disabled and I had to be home to care for him. He has agreed to let me keep the house because he figures a judge would award it to me anyway because of the children. However, we won't leave the house until he has legal assurance that he will be paid his share of the value. What paperwork should we do?

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twinkiedooter's Avatar
twinkiedooter Posts: 12,160, Reputation: 6007
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#2

Nov 28, 2010, 08:18 AM
You don't want/need an attorney? Very foolish of you and your present spouse to do this without one. For the proper paperwork regarding JUST the house then I would definitely retain an attorney JUST for the home if you two have already decided to do the divorce yourself. There is no law saying you can't file your own divorce paperwork but if you really want to protect everyone's interest in the home then by all means retain an attorney for JUST the real estate transaction. For the cost of this one transaction you could both rest in peace at night not worrying about if this was done right. And you can both go to the attorney at the same time to get everything filed properly with the real estate transaction. You want a real estate attorney to handle this for you.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 62,500, Reputation: 33103
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#3

Nov 28, 2010, 08:29 AM


You can use online divorce forms, ( but would not advice it)
The issue is that you can make up a mortgage on the house, and he can sign it over with a quitclaim deed) But that does not mean you will pay, only that you are suppose to, it allows him to foreclose on the home if you don't pay.
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