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Home/ Questions/Q 543
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melinapier
melinapier
Asked: May 19, 20222022-05-19T15:21:20+00:00 2022-05-19T15:21:20+00:00In: Real Estate

I plan on divorcing my husband soon and want to keep the house I paid for

My dad helped me purchase a house when I got married. My dad and I are the only ones on the loan and deed.
I plan on divorcing my husband soon. We still owe most of the home but he wants to sell it and split the profits (value has doubled). I don’t agree to this because I want to remain living here as it’s where our daughter feels safe and also because he’s making 100k a year with his company that my parents and I supported him starting and growing and I make less than 50k. I’m not asking him for anything (I know he’ll provide for his daughter) but the house is something I don’t want to give up, especially since I’ll have to involve my dad. We are from Illinois

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    1. sheilarossow
      2022-05-19T15:48:28+00:00Added an answer on May 19, 2022 at 3:48 pm

      This is going to be a divorce issue that the judge will determine.

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    2. angiepotoma
      2022-05-19T16:16:57+00:00Added an answer on May 19, 2022 at 4:16 pm

      Don’t give it up you don’t have to

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    3. reignjones
      2022-05-19T17:05:20+00:00Added an answer on May 19, 2022 at 5:05 pm

      If anything the judge would have to say 1/3 of the home is your dad’s so your husband would only get 1/3 of the money. See if you can buy him out in installments

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    4. amandamorton
      2022-05-19T17:27:40+00:00Added an answer on May 19, 2022 at 5:27 pm

      not true cause she only owns 1/2 the house so he could only get 1/2 of her part of the house.

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    5. abbeygilmore
      2022-05-19T18:20:34+00:00Added an answer on May 19, 2022 at 6:20 pm

      If it was bought while married then your part is martial property. Now with that said, the judge can only make you buy him out of your part of the home. Then again judge might just say it’s yours. Who knows how the judge will see this. Judge could say.

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    6. melinapier
      2022-05-19T19:17:53+00:00Added an answer on May 19, 2022 at 7:17 pm

      true..I was just trying to be amicable and cleanly separate

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    7. sarablevins
      2022-05-19T19:37:57+00:00Added an answer on May 19, 2022 at 7:37 pm

      every state is different and Illinois laws do not support that information.

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    8. jenniferzumalt-coen
      2022-05-19T20:30:05+00:00Added an answer on May 19, 2022 at 8:30 pm

      NAL, it seems that it might get messy…I hope not but if it does on his behalf you might have to play his game the same way he does. I would expect him to continue giving me the lifestyle and would ask for spousal support, depending on the State you live in…it really doesn’t matter if you are employed and you still are allowed life style spousal support. Is the home under your husband’s name and did you and dad buy before or after marriage? Oh Hun…you need an attorney asap.

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    9. melinapier
      2022-05-19T21:04:54+00:00Added an answer on May 19, 2022 at 9:04 pm

      my best friend who works for a lawyer said we’re going to end up spending what we’re fighting for on lawyer fees, she said to go to mediation if possible. Thats why I just want to keep the house and have him go about his business.

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    10. cito vega-diaz
      2022-05-19T21:39:29+00:00Added an answer on May 19, 2022 at 9:39 pm

      I agree, however…it’s not about what he or you want…ITS about meeting of the minds. If you guys can agree and make it legally binding then great. I just know that Divorce is messy if both are not mutually agreeing. He really has much more to lose. 1/3 house, 50/50 company, child support, health insurance 50/50, maybe spousal support based on the life style you currently have due to the money the company can bring in, any investments, retirement accts, ira’s, 401ks, whole life insurance policies cash value, crypto currency if any…etc…..these are the things I would look for and hold in a conversation….. You know what is said….. it is cheaper to keep her! Hope you all come to a peaceful understanding and do it the mutual respectful way for all parties involved.

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    11. reignjones
      2022-05-19T22:12:22+00:00Added an answer on May 19, 2022 at 10:12 pm

      A lawyer in your state will help with specifics. But get everything in writing. Don’t trust an ex to do anything that isn’t court ordered. Like thinking he’ll pay child support… for years on his own. That will change the second his new girlfriend doesn’t think he should be paying… jmo

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    12. melinapier
      2022-05-19T22:57:29+00:00Added an answer on May 19, 2022 at 10:57 pm

      I’m definitely being naive. You’re so right.

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    13. jeremycampbell
      2022-05-19T23:12:54+00:00Added an answer on May 19, 2022 at 11:12 pm

      divorce is hard enough without having to fight every little thing… get it in writing and it will be easier down the road. Gl

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    14. melinapier
      2022-05-19T23:49:49+00:00Added an answer on May 19, 2022 at 11:49 pm

      yes definitely, an ounce of prevention! I’ll have to consider all the things I don’t want to fight later on – the house, support, which expenses he’ll pay, custody schedule.

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    15. javandabarnes
      2022-05-20T00:19:44+00:00Added an answer on May 20, 2022 at 12:19 am

      Ask for it unfortunately for people that are male in that state they don’t get shit. You can ask that man to bring you the moon every night and he would have to figure it out. My husband can’t even bring his son to our home because mommy said no that’s not what she wants. So he has to spend 600 in support and then plane tickets hotels and car rental plus food gas etc over 1000$ for two days a month. So naturally visit don’t happen because it is unreasonable cost

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    16. melinapier
      2022-05-20T00:34:36+00:00Added an answer on May 20, 2022 at 12:34 am

      I’m sorry for your situation – I don’t plan on making him do anything, just not mess with the home since he’s off making a good amount of money thanks to my efforts.

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    17. Best Answer
      alisawarmund-kermisch
      2022-05-20T01:11:58+00:00Added an answer on May 20, 2022 at 1:11 am

      He would only be entitled to 25 % of the house, if you helped him start his business go after him for that. You’re entitled to 50% of the business, especially because you helped him establish it. I’d mention that to him, maybe he’ll back off. Unlikely the judge will force a sale as your daughter lives there.

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    18. melinapier
      2022-05-20T02:10:20+00:00Added an answer on May 20, 2022 at 2:10 am

      I’m not sure how they would give me 50%. He has put in a lot of hard work – I’m not trying to take that from him , but I just want him to leave the house alone and give some support for his daughter. Honestly not asking for much, but maybe that’s dumb. Because I haven’t asked for much the whole marriage and look where I am

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    19. leethompson
      2022-05-20T02:43:20+00:00Added an answer on May 20, 2022 at 2:43 am

      Your dad helped you purchase the home when you got married to your husband.
      If you and your dad are the two on the loan then you are jointly liable for the mortgage 50% you and 50% dad and your husband is liable for 0%
      You and dad named on the deed showing YOU, a married woman , living at 1234 Onmyblock Rd, and YOUR DAD, a married /single man, living at 5678 Noturhouse Blvd., that means
      You have 1/4 interest in the property
      Your spouse has 1/4 interest
      Your dad has 1/4 interest
      His spouse has 1/4 interest
      I would sell the house and pay off the mortgage then give your husband the 1/4 he’s entitled to and then you can take your 3/4 and cash out a cheaper house without a mortgage.

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