What should I do about the house?

Aug 8, 2012 by

Question: 

Me and the wife have been legaly separated for about 7-8 yrs, we were separated in Arizona,but have been living in Minnesota for the past 4-yrs now, I’ve been paying child support, thats all good.about 2yrs ago she wanted to take her name off the mortgage so she can divorce me and move back to Arizona to buy a house. Well shes off the mortgage but never moved,i believe the both of us are on the deed/title. My question is she moved out 2wks ago into a apartment,i live in the house (town home),and she wants a divorce and the town home and wants it now,she wants me to move. I’m responsible for the house,she can not refinance this house due to its cost and take me off loan. We do have kids 18-15yrs old.its complicated I know, just as our relationship is. What should I do about the house? (MN)

State: 
Minnesota

Answer: 

It doesn’t sound like you are the one who “needs to do something about the house” if you are living there and making the payments in addition to paying child support. Since your spouse is the person who wants a divorce and the town home she doesn’t currently live in and can’t afford, it sounds like she is the one with the problem. Let her make her claims in court and you can respond at that time. It is unlikely the court will award her a home she cannot afford to make the payments on, especially if she is not currently living there. From the information as presented, it sounds like your spouse wants all the property and wants you to pay for it too. If you can afford it, consult a divorce or family law attorney in your area to review your options under Minnesota law.

The property division settlement process is an area of divorce law that takes two different approaches depending on the state where you live. Hopefully, both parties in a divorce can agree to a division of all their assets and debts without a court contest. If they can’t, the divorce laws in the state they reside in will be applied to settle the dispute. The state divorce laws concerning property division come in two types, community property states and equitable property states.

Minnesota is an equitable property state where property is divided according to what the divorce court determines is fair and can include many factors such as the length of the marriage and the earning potential of each spouse at the time of divorce. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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