My wife and I are thinking of a divorce and she is threatening to call the police and have them kick me out of our house.
Can she kick me out of the marital home?
My ex-wife still has keys to the house and still has personal property in the house.
What rights do I have under exclusive occupancy? May I change the locks? May I demand she move her property out by a certain date and dispose of it if she fails to comply?
When and under what circumstances can she enter the property?
The home we live in is in my wife's name, but I have made all of the mortgage payments since we were married.
In our divorce, would I have any right to the property's value or receive credit for the amount of the mortgage I have paid off?
By Julie Garrison
Special to DadsDivorce.com
Even more perplexing is what to do with the marital home.
For many divorcing couples, the house, which was once their greatest financial asset, has become their biggest liability. A couple who purchased their home at the peak of the housing boom is now saddled with a house that is worth less than what they owe on it.
So couples are looking for financial advice on divorce and wondering what are the available options for dealing with the marital home?
By Marty Woodrome
Mortgage Loan Originator
In my work as a mortgage loan originator, I am often called upon to provide financing to clients who are obtaining a mortgage as a means of bringing their divorce proceedings to settlement.
As you are fully aware, if a couple has been together for a while and property has been amassed during their marriage, a mortgage is often required.
Some clients require a refinance loan to free their capital so that they can offer the other spouse a cash settlement. In other instances, sale of the property is required and securing financing quickly for the new purchasers is helpful.
Here are answers to four common mortgage questions that divorced men often ask.