[lady17]

I have an appointment with the lawyer on Monday and would like some advice as I want to keep this very simple and inexpensive. I will tell the lawyer it will be non-contested and that H has said he doesn't want anything but I feel he should have whatever assets he bought in the marriage. My delima is the house as 8 years ago he paid for the additions, and then we went through a rough patch and I ended up taking out a 2nd mortgage to pay most of it back. Then a few years later I added his name to the deed (quickdeed) and now I am kicking myself....Is it possible to request that he'll get nothing unless I decide to sell the house? I am in Massachusetts and he will not have a lawyer (he has no $$). Again I want to have the lawyer drawer something up and get it notorize and take it from there.

The other thing is he is the one that wants the separation/divorce but I don't. We've done counseling years ago and I feel if he's that unhappy I have to let him go.....

Any thoughts/insight would be appreciated.

Thanks.

 

[remorseful strayer]

I have an appointment with the lawyer on Monday and would like some advice as I want to keep this very simple and inexpensive. I will tell the lawyer it will be non-contested and that H has said he doesn't want anything but I feel he should have whatever assets he bought in the marriage. My delima is the house as 8 years ago he paid for the additions, and then we went through a rough patch and I ended up taking out a 2nd mortgage to pay most of it back. Then a few years later I added his name to the deed (quickdeed) and now I am kicking myself....Is it possible to request that he'll get nothing unless I decide to sell the house? I am in Massachusetts and he will not have a lawyer (he has no $$). Again I want to have the lawyer drawer something up and get it notorize and take it from there.

The other thing is he is the one that wants the separation/divorce but I don't. We've done counseling years ago and I feel if he's that unhappy I have to let him go.....

Any thoughts/insight would be appreciated.

Thanks.

In most community property states, that I know of, it does not matter that you put his name on the deed. If you were married when the house was bought it's a marital asset, and may, depending on the state, be court ordered to be sold.

If your spouse is the one who strayed and you don't want him to get the house, you need a lawyer. Don't trust his promise to give you what you want. This may change. Protect yourself with a lawyer.

 

[mahike]

A lot of questions come to mind. Kids, how old, are they staying with you. How long were you married? I am in CA here they just split the assests unless there is a pre nup.

In many cases the kids stay in the house with the primary care giver. Once they are adults one party buys the other out or the house sells.

 

[Pluto2]

Many jurisdictions have what is referred to as "tracing", if you can trace seperate property to a marital asset, that portion can remain separate property. Ask your lawyer.

 

[lady17]

Thanks for the response. We have no kids and married for 6 years. I bought the house before we met and the house was in my name until a few years ago. He has no place to go and I don't mind if he lives downstairs.

Hopefully when I meet the lawyer she can put the proper wording and I have the H sign and we can begin to move on.