回复:回复:回复:唉,看来只有卖房子了

来源: apt 2011-01-11 15:02:51 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1529 bytes)

There are many ways this could be done:

The obvious and easiest way is the court orders the sale of the house and divide the assets equally. The court may be reluctant to do it when this would uproot the minor children.

One party can buy out the house from the other. The court can order the buyout party to refi and the mortgage will be her sole responsibility. In your case your hu*****and could buy out the house and pay the mortgage alone after divorce. You may have to pay him reasonable rent afterwards.

Another way is to divide the house now, but put the house in some kind of co-ownership like tenancy in common. Both parties will be responsible for the mortgage, upkeeping, and tax of the house. The court would fix a date to divide the assets, normally for several years or when the children are grown up.

The court may also retain jurisdiction to divide the house when the children are grown up. Obviously in such a situation you will also have to pay reasonable rent for living in the house with the children.

Bottom line, is, nobody could tell you what is the best way for you. The house may be under water now, which makes a buyout more attractive. It may be very important to keep the house and maintain stability for your children. Your child support may increase your ability to get a now loan. All these are possible. An experienced family law attorney can help you decide what to do and argue with the court why should the house be sold (or not).

 

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多谢回复!非常informative。看来需要咨询下专业人士了。 -恍惚之间- 给 恍惚之间 发送悄悄话 (0 bytes) () 01/11/2011 postreply 21:37:54

不管法官怎么判 -傻等啦- 给 傻等啦 发送悄悄话 (223 bytes) () 01/12/2011 postreply 08:39:37

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