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Pending divorce

Discussion in 'Divorce, Separation, Annulment' started by Oceabrz, Dec 24, 2006.

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  1. Oceabrz

    Oceabrz Law Topic Starter New Member

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    HAPPY HOLIDAYS EVERYONE!!

    I am new to the forum, and would love to get some solid answers to my question(s).

    I live in Florida. My husband and I have discussed divorce. He has a 21 year old daughter from a previous marriage, and I have a daughter who is almost 10. He is not the father, nor has he adopted her. We have been together 6 years with 4 of those married.

    Here is the story: :nuts

    At first he suggested that my daughter and I stay in the house and he move out, but now he is suggesting that I* move out and he will give me $1000 a month towards rent or whatever. We bought our house for $184,900 and it is now worth approx. $350k. We have refinanced a couple of times since, so we would only stand to gain about $50k total if we were to sell now. He thinks we should hold on to the house for a few more years as real estate prices will continue to go up. This is probably true.....because it usually does, and we live in a desirable neighborhood. We own the truck that I drive free and clear, and he has a company truck that he drives. We also own a boat that is free and clear as well. We would want to take our names off of each; mine off of the boat, and his off of the truck that I drive. Would we only need to sign a "quit claim deed" for that? We would prefer to keep attorneys out of this if at all possible. Of course, I would want to have his statement to give me $1000 a month in writing. Any advice.......or words of wisdom is appreciated here.
    Let me add that my husband makes a lot more than I do in our professions and I do NOT want to sell myself short, or end up getting "screwed" after all is said and done. I do know.......or, I should say, I have HEARD that if one party leaves the house, that could be considered abandonment. Any truth to this? What if it's on paper?

    Well...there you have the basic information. If you need more to help you to an answer, please let me know.
    Thank you,
    Oceabrz

    I realize that it is Christmas Eve, so I don't anticipate an answer until after the Holidays, but I would be PLEASANTLY surprised if I did! Ciao! :)
     
  2. seniorjudge

    seniorjudge Super Moderator

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    No one here can tell you how a court will rule.

    You need to hire a lawyer to advise you.
     
  3. Oceabrz

    Oceabrz Law Topic Starter New Member

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    We are trying to avoid getting an attorney involved. We really don't have much to divide, and what we do have, we agree on, or so it seems at this point. If we did all the paperwork ourselves with those stipulations on paper.......what, are you saying that we would just have to wait and see what the judge approves?
     
  4. seniorjudge

    seniorjudge Super Moderator

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    You are correct.
     
  5. Oceabrz

    Oceabrz Law Topic Starter New Member

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    Ok...but..my question was not what anyone thought the judge would say....I wanted advice on the best way for ME to handle this situation....without attorneys...if at all possible.
     
  6. wcomp

    wcomp New Member

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    If you quitclaim the house to him, it's his house. If he wants to keep the house because it will appreciate, and he wants sole ownership of the house, why not have him buy you out?
     
  7. Oceabrz

    Oceabrz Law Topic Starter New Member

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    Hi...thanks for your response

    I wasn't talking about quit claiming the house to him. I would lose my share of the equity if I did that, wouldn't I? I was talking about doing that with the vehicles that we have. Is that all we would need to do to get my name off of the boat and his off of the truck?

    As far as the house is concerned, I would like to know if anyone thinks it's a good or bad idea to keep the house in both of our names but still get divorced, and one of us remain there? Will the judge even allow that? And later down the road sell it when -and if- the house goes up in value? But........then, what comes to mind is: after all is said and done and we are divorced, and it comes time to sell, and I am the one that moved out, can he then say that he was the one that maintained the house and therefore he should be the one to get whatever money is left.
    Can this be done without an attorney................as long as we are in agreement about everything, and all is in writing? After thinking about it, it probably would be a good idea to get one in case my husband trys to throw me a curve ball.......hmm?

    Any advice?
    Thank you so much....
     
  8. seniorjudge

    seniorjudge Super Moderator

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    Q: As far as the house is concerned, I would like to know if anyone thinks it's a good or bad idea to keep the house in both of our names but still get divorced, and one of us remain there?

    A: Bad idea.
     
  9. Oceabrz

    Oceabrz Law Topic Starter New Member

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    SeniorJudge...thanks for your response.

    But........please, can you indulge me just a little? I dare to presume that you have some expertise in this area....What I would like to see happen is this: get divorced, sell the house, quit claim the boat and truck, and go our seperate ways. Is quit claiming even the right thing to do when you want the spouses name off of a boat or truck? My husband has offered to give me $1000 a month. He does make considerably more than I do. I recognize that there are no grounds for child support as my daughter is not his and he hasn't adopted her. Can you give me some direction here? Is this doable without attorneys as long as everything is in writing?

    SeniorJudge, I'm really not trying to annoy you, I just need some good, sound advice. Please?

    Thank you.

    PS I saw my husband screw his ex-wife of 18 years out of everything that was rightfully hers. I don 't want that to happen to me.
     
  10. seniorjudge

    seniorjudge Super Moderator

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    Q: Is this doable without attorneys as long as everything is in writing?

    A: Yes. Hardly advisable, but yes.
     
  11. Oceabrz

    Oceabrz Law Topic Starter New Member

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    Hi..can anyone on this forum give me some advice on how to handle this situation? No-one has confirmed for me whether or not quit claiming was the way to go as far as takimg our names off of the the car and truck? Can anyone give me some direction here? What do I do?
     

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