[Old Blue]

After years of a loveless marriage and disrespect towards me and now our 2 youngest kids age 15 and 22.My husband who wanted a divorce again out of the blue and who agreed to sell our house {that is a struggle to hold on to.} has changed his mind. Not only has he NOT done anything about a divorce,but has increased our debt by tinkering with or trying to restore old trucks. Our older son lives at home and contributes to the income. He's 33. He's also his dad's confidant . I'm afraid that years of this {using our son to vent about me has been going on since he was a teen. My other two has been spared this. Now My husband has mentioned to my brother that he intends to borrow $30,000 second mortgage to pay off the loan our older son did with his fathers directions to get into the restoration business. Since then he{my husband} has borrowed more money $3,000. He said after paying that off there would be enough to finish one of his projects. He is trying to do this without any consideration of me. Both our names are on the Deed. I have a chance of a fresh start that includes moving out of state.{I live in Florida now}My credit is not good so I will have to borrow from a private investor {probably my brother} But because I will need a home for me and our 2 kids, and I promised my daughter that she will go to college. Also I will be partner in a business. I would like to know IS IT LEGAL FOR ME TO BORROW AGAINST THE EQUITY [my part}IN OUR HOME WITHOUT MY HUSBANDS OK? In other words I would like to know if I can use my part of the equity as collateral for a loan? This is the only way I feel I would have a start. I've tried talking to my husband about this but he doesn't think I have any say in anything. While this question is the question I'd like answered. If I file for divorce and force sale of the property does my husband get to live here too? Because it's getting almost impossible to live here in any peace. OB

[cdad]

No you can't borrow against your 1/2 of the home equity. The reason being is that because both names are on the deed you would be encumbering a debt to another party. Just curious.. how is the home titled because that can make a difference.

[Old Blue]

The mortgage we have now is in my name. The property TITLE is in BOTH our names. He seems to be able to borrow without my consent. I am a stay at home housewife and mom.. So does this fact make a difference? Like I said the property title is in Both our names.Since he won't try and settle this,I won't to move on with my life. Is there anything legal I can do to protect my part of the equity {which we have} in this house/property like perhaps recording a lien or five fave { for my part of equity} just to insure I don't lose out.

[cdad]

I understand its in both names. But does it say any kind of description on the title.. like joint tennancy.. your or his name.. married etc ? Or pehaps it says either ?

Those types of words in a deed can make a difference. Also he's not borrowing money on the house. He may be taking personal loans and that's a different category. I don't believe you can put a lien on something you already own. And how would you title the lien anyway ? Contractor, mechanic, creditor ? You just cant.

[Old Blue]

Yes I think I understand what you mean. I have some investigating to do. I appreciate your ans. Certainly has helped me a lot. Old blue