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marital property


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#1 littlelucknot4me

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Posted 17 December 2012 - 11:59 AM

My wife has decided to give up on our marriage i found out she was seeing and confiding in someone else thru text messages i found on her phone the problem is we have gone to court and have a joint custody agreement in place that we both signed so when i drafted up a marital settlement she declined to sign it it is pretty straight forward her bills her bills my bills my bills personal property evenly split, ect but when it comes to the house she's freaked because like i said the mortgage is in my name she is only on the title i walked out against my better judgement i know this is considered abondonment of property since i left i can't afford the mortgage iwas unemployed and just recently got back to work she says she can'tafford it either so the mortgage is not getting paid she is paying the utilities and home owners insurance though the taxes,pmiand insurance were included in the mortgage but she contacted the insurance guy and took on the insurance payment but not the taxes and mortgage so my question is what our my options get back in the residence, list and sell the property or let the judge decide. Thanks look forward to some answers

#2 Ted_from_Texas

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Posted 17 December 2012 - 12:19 PM

Whether you live in the house is irrelevant. It's normal for one spouse to leave the marital residence in the event of divorce, and doing so does not constitute abandonment, either of your spouse or your property.

She is "only" on the title? That makes her a co-owner of the property, your name on the mortgage notwithstanding. In order to sell the property, you will both have to agree to the sale. If she won't agree, you'll have to get the judge to order it. Consult local counsel.

#3 FindLaw_Amir

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Posted 17 December 2012 - 12:40 PM

To learn more about this subject matter, you may wish to visit the Family Law Center: Divorce and read Divorce and Property as a good resource. I also suggest you consult with a local Divorce Lawyer to advise you further on this matter.
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