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Hello all, I have a situation. I'm going through a divorce and my ex husband has since bought another home. (He is a multi-millionaire but I signed a prenup so I get nothing except child support.) Anyway, I live in the marital home, which we co-own. I've been a stay at home mom for almost 20 years and have been looking for a job since our separation. We live in a smallish town and not much is available, esp for a 53 year old mom who hasn't worked in 20 years.
Thank you!
Get yourself a very good attorney. MOST states will throw out a prenup that is older than 10 years. Do not go down without a fight. I'm concerned for you. AGAIN get a divorce shark attorney for your and your children's sake.
Trust me you will have a VERY HARD time getting a job.
THAT is clearly coercion. I would find another lawyer. Make sure it is someone NOT in your town and not connected with any of your soon-to-be-ex's cronies.
I don't see any legal coercion here. Hell, she just could have said, no go eff yourself to the guy. (OP please understand that I'm not judging you. Just making a comment that there was no coercion, as you have already stated.)
And I'm somebody who asked my husband to sign a prenup before we married. I honestly can't say what I would have done if he refused - that issue never came up. But I'm inclined to believe that I would have refused to make it legal. In fact, even with the prenup, we didn't co- mingle funds, debts and assets until we were married for about 15 years.
You can stipulate that a rent-back is required by the buyer of your house. It is pretty common. You sell, get the money, rent it back while you find another house.
The other option is to get a bridge loan on the new house, basically a 5-year loan. But if you have no history that might be hard.
*IF* the home was bought during the marriage, its community property.
This entire pre nup is misleading to those of us who have signed and had the judge approve. We each consulted our own lawyers , received proper advisal, presented all our assets and debts. Just from the vague comments made I sense that the devil is in the detail. You don't say what assets you prevented him from acquiring ...Its a balance for both sides...other wise the judge would have NOT signed the agreement.
Sell the house,enter the work force and welcome to independent living.
It's different in Louisiana. As I mentioned in another post, they go by Napoleonic law here.
I never said I prevented my ex from acquiring assets. And you don't need a judge to sign off on a prenup. A notary signs it and you file it with the court. He didn't disclose his assets and neither did I. Don't have to here. Judges don't make sure it's fair -- not sure where you came up with that notion. A prenup is nothing but a contract between two people. Hurricane Katrina had just hit so my lawyer was out of town somewhere and he never saw the prenup. I was pregnant. We had to change our wedding plans and went to Vegas to get married. My ex's business was under water. It was a huge mess...and I signed it anyway. There was no balance in the prenup. I walked away with nothing. Again, I signed it and have no one to blame but myself.
I never challenged the validity of it here -- I simply mentioned it to explain my situation. Apparently it struck a nerve because there were a lot of comments.
I have a college degree and supported myself for many years, thank you. When I had children, I was lucky enough to be able to stay home with them. While I don't regret it, that choice greatly effects my earning power today.
My original post was about the logistics of buying a house with the cash I would get out of selling the one I co-own now.
I don't see any legal coercion here. Hell, she just could have said, no go eff yourself to the guy. (OP please understand that I'm not judging you. Just making a comment that there was no coercion, as you have already stated.)
And I'm somebody who asked my husband to sign a prenup before we married. I honestly can't say what I would have done if he refused - that issue never came up. But I'm inclined to believe that I would have refused to make it legal. In fact, even with the prenup, we didn't co- mingle funds, debts and assets until we were married for about 15 years.
You're right, legally there was no "coercion" and I shoulda said eff you! Or at least made sure it was re-written.
Basically, someone has to hold a gun to your head or you have to be mentally unsound/not understand to make it legally coercive.
Asking a buyer to wait for you to find a house is a possibility, but it is not standard. Since it is not a standard procedure when selling a house, your ex would have to agree to the provision as well.
I have done three relocations to a new state where I have done what I call the blitz search for a house. It is a common corporate relocation package to pay for 5 days of house hunting. So basically I fly out to the city we will be moving to, spend 5 days with a realtor looking at 10-12 houses per day and on the fifth day I put in an offer on a house. I have a 2nd and 3rd place choice in my head in case we do not get the first house. It is usually standard to close 30 days after the signing of a contract. So have the close date for the sale of the house be 44 days out (30 days plus the extra 14 for you to do a blitz search for a house, put in an offer and get through the inspection period). There are realtors that specialize in relocation - choose one of them because they are experienced in the blitz search. Researching on zillow can give you an idea how much you will get for your current house. Go onto zillow to research what you can get for your price range and start to narrow your search area down in advance so you can crunch the search into such a narrow time span.
Asking a buyer to wait for you to find a house is a possibility, but it is not standard. Since it is not a standard procedure when selling a house, your ex would have to agree to the provision as well.
I have done three relocations to a new state where I have done what I call the blitz search for a house. It is a common corporate relocation package to pay for 5 days of house hunting. So basically I fly out to the city we will be moving to, spend 5 days with a realtor looking at 10-12 houses per day and on the fifth day I put in an offer on a house.
Wow, only 5 days to find a house, that's rough -- especially if you move during a slow time (like now!) I'm sure you've become an expert by now, though! Since you've moved so many times, is there anything you wish you would've thought about more/done differently when choosing a house? Any tips? Thanks!
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