You are entitled to one half of the equity acquired in the house since the date of your marriage. Sometimes this is difficult to figure. It will require an appraiser's assistance. However, generally, if the equity in the house has increased since your marriage, you would be entitled to 1/2 of it at the time of divorce. Thus, if the house was worth $50,000.00 when you got married, and it is worth $75,000.00 now, you should receive approximately $12,500.00. There is also equity in the difference between the principal owed on your spouse's house before the marriage and the divorce. This is to say that if he/she owed $50,000.00 when you got married, and only owes $30,000.00 now, you should receive the $10,000.00 to compensate you for your share of the investment in the house during the marriage. It is doubtful that the judge would award you the house since your name is not on its title.
The judge can permit the custodial spouse to remain in the home with the children. And, the other spouse can be compelled to contribute to or pay the mortgage while the children are minors. Or, if the house has no mortgage, the other spouse can be stopped from realizing his/her share of its value until the kids are grown.
However, as a practical matter, your spouse would have to be pretty well to do for the judge to impose such a burden on him/her.
It can be done. However, if it is, it would have to be done at the time of your divorce. Once again, your spouse's income would have to be pretty healthy for a court to devest him/her of any interest in the home when he/she is helping to buy it.
A gift is a gift. If your in-laws didn't intend for you to share in the gift, then they should have deeded the land to their child not to both of you. They may wish to retract the gift, but they are just too darn late. You and your spouse are equal owners, no matter how it was originally acquired.
The court can compel your ex-spouse to cooperate in a sale of the house. The judge can establish a minimum amount at which the house must be sold. He/she can also choose a real estate agent to do the job if you and your spouse cannot settle on the person. Finally, the judge can even appoint a commissioner to sign your spouse's name if he/she continues to refuse cooperation.
Yes, you can get your spouse's name off the title by having him/her execute a quit claim deed. Once this document is recorded, your spouse's name will be off the title to the house.
The house would have to be refinanced in your spouse's name alone for you to get your name off the mortgage. If your original mortgager will not refinance in your spouse's name, shop around you may find one who will. No matter what your decree says, however, the mortgager is under no obligation to lend your spouse money in his/her own name. Their willingness to do so will depend largely on what kind of credit your spouse has.
It really stinks, but all your divorce decree can do is assign the debt liability between you and your spouse. Your creditors are not effected by the decree, because they are not parties to the proceeding. This means that you are legally obliged to catch the mortgage up. You can, however try to collect the money you are out from your ex-spouse.
Happily enough, fraudulent transactions can be set aside. You are entitled to the value of your half of the car, not the $1.00 he got for it. So, the judge can either award you the car itself, forcing the brother to sign it over to you, or money. Again, if you get the car, there is a chance that the judge will make you pay your spouse something for his/her interest in it.
Fortunately, the court can appoint a commissioner to sign on his/her behalf. This person would be a neutral third party, and you will have to pay a small amount for his/her assistance. But, he/she is worth the expense if you want to get your spouse's name off the title.
You shouldn't. But, there are a lot of factors the judge can take into account. You can show the court who signed the charge slips, and what was purchased. However, your respective incomes can also be considered by the court in determining who pays.This is true of bank loans, or any unsecured debt in most cases.
When you file bankruptcy on any joint debt, you should list your co-obligor, in this case your spouse, as a creditor. Most debts, even if jointly held, are dischargeable in bankruptcy. However, exceptions are made in the case of debts considered to be in the nature of child support or spousal maintenance.
This is entirely up to the judge. He/she will make the decision based on all of the equities in the case. If you can show that your spouse dissipated (blew) his/her share of the family fortune, then the judge may award you the lion's share, if not the entire nest egg. If, however, your spouse kept house for you, raised children, answered your sales calls all day... he/she helped you earn it, and the judge will probably make your egg into an omelet.
All marital property is subject to the proceedings. This means that the judge can take it all into account, no matter whose name it is in, and no matter where it came from. You can show the judge why you should get more of it, but in the end, it is up to the judge to decide what is fair.