I am a resident of California and going trough a very difficult divorce with my husband. We were separated before (4 years ago) and saw a mediation attorney at that time. He was not employed and agreed to let me have the house to live in it with the children since he could not provide support for the children. We also agreed that I will pay the mortgage. I refinanced the mortgage to transfer it under my name alone and he signed an interspousal transfer of deed by which I became the sole owner of the house as my separate property. Now as we are going through the division of property, he wants half of the value of the house saying that he signed the deed and mortgage documents under durress, hoping to reconcile with me.

This was not the case, in fact, I filed for legal separation and he acknowledged the sute by signing the documents. Will the judge consider the house my separate property, or do I have to sell it and split the money.

Thanks.

Your husband is full of it; the judge will see through him like clear glass. Think positive: perhaps you will have a lady judge.

No judge would let him have that... make sure you present all the documents, don't miss even a single one.. good luck.

Mostly its going to depend on what the documents say that he had signed. If it was some sort of quick claim deed in leiu of paying child support from the profit gained in the home when you both owned it then so long as there were enough funds and he didn't pay to cover those funds then your OK.. its possible you may still owe a small buy out fee at worst. But the house will be yours in the end Im fairly confident of that.
They key is going to be the payments that were made by selling the home. The profits you have made in the 4 years of ownership he's not entitled to any of that. Only the portion during marriage.

I would say 90 percent that you will win, but when it comes to judges it is never hardly 100 percent thing

Hello:

I live in California and going through divorce proceedings. My husband deeded the house to me as "a married women sole owner" back in 2004 when he first left us and wanted nothing to do with me and the children, or any responsibility for the household expenses and mortgage. I refinanced it with an adjustable, interest-only loan so I could make the monthly payments on my income alone.

Now that we are going through the divorce years later, he claims that he wants half of the house value that he deeded the house to me out of pressure because he wanted to reconcile with me. While all this is being worked out in the court as far as the judge deciding whether I and my children can keep the house or whether I have to sell it and give him half of the value, can I refinance it to a 30-year fixed interest rate.

The mortgage is going to reset shortly and I'm afraid I will not be able to make the monthly payments at the new interest rate it will be reset to. Is this allowed while the divorce is still going on and no final decision has been reached. I don't plan to take any cash out, just to refinance it for the outstanding loan amount. I do have approx. 100,000 equity in the house, however I will not tap into it.

P.S. I currently have full custody of the children, and my husband has very limited supervised visits due to mental illness and past abuse of the children and me.

Sorry for the long post, but I thought it would help if I gave more detail. Thanks in advance for your advice.

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Originally Posted by mihaelah

Hello:

I live in California and going through divorce proceedings. My husband deeded the house to me as "a married women sole owner" back in 2004 when he first left us and wanted nothing to do with me and the children, or any responsibility for the household expenses and mortgage. I refinanced it with an adjustable, interest-only loan so I could make the monthly payments on my income alone.

Now that we are going through the divorce years later, he claims that he wants half of the house value that he deeded the house to me out of pressure because he wanted to reconcile with me. While all this is being worked out in the court as far as the judge deciding whether I and my children can keep the house or whether I have to sell it and give him half of the value, can I refinance it to a 30-year fixed interest rate.

The mortgage is going to reset shortly and I'm afraid I will not be able to make the monthly payments at the new interest rate it will be reset to. Is this allowed while the divorce is still going on and no final decision has been reached. I don't plan to take any cash out, just to refinance it for the outstanding loan amount. I do have approx. 100,000 equity in the house, however I will not tap into it.

P.S. I currently have full custody of the children, and my husband has very limited supervised visits due to mental illness and past abuse of the children and me.

Sorry for the long post, but I thought it would help if I gave more detail. Thanks in advance for your advice.

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I would do absolutely nothing without the advice of an Attorney - you could walk straight into quicksand otherwise.

I think this is too important to get "opinions" instead of legal advice.

I am also somewhat concerned because you have posted this same question before (in April) but apparently didn't resolve the problem then.

Should be combined.

Just curious: are you asking for, or been awarded, alimony?

Quote:

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Originally Posted by mihaelah

Hello:

I live in California and going through divorce proceedings. My husband deeded the house to me as "a married women sole owner" back in 2004 when he first left us and wanted nothing to do with me and the children, or any responsibility for the household expenses and mortgage. I refinanced it with an adjustable, interest-only loan so I could make the monthly payments on my income alone.

... While all this is being worked out in the court as far as the judge deciding whether I and my children can keep the house or whether I have to sell it and give him half of the value, can I refinance it to a 30-year fixed interest rate.

The mortgage is going to reset shortly and I'm afraid I will not be able to make the monthly payments at the new interest rate it will be reset to. Is this allowed while the divorce is still going on and no final decision has been reached.....

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Contractual responsibility for the house debt, like all other debts, continues irrespective of the issues in the divorce. You should have an alimony claim that depletes his mojo completely.

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Originally Posted by JudyKayTee

I would do absolutely nothing without the advice of an Attorney - you could walk straight into quicksand otherwise.

I think this is too important to get "opinions" instead of legal advice.

I am also somewhat concerned because you have posted this same question before (in April) but apparently didn't resolve the problem then.

Should be combined.

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Yes, indeed, this is still unresolved. My attorney has been out of the country, and just got back. I am awaiting an answer from him but I thought I'd ask for others' experience on this if any on has been through a situation like this.

Quote:

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Originally Posted by George_1950

Just curious: are you asking for, or been awarded, alimony?

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No, he asked for alimony because he makes 1/3 of what I make and the judge gave him $200/month temporary alimony until the divorce is final. But at the same time, the judge gave the kids child support of $436.00/month plus $100/month in arreras, resulting ina net of 336.00/month I receive for the children's supprot deducting alimony I owe him. These are all temporary orders until the divorce is final. I don't know what the final orders will be.

Until you have complete resolution including the courts then you would be taking a lot of chances by refinancing it. 3 months is too long and your lawyer should have either passed you along of referred you to someone who is covering for them. Like doctors lawyers don't usually go at it alone.