OT: Divorce question in regards to home ownership

[LAAFTERHOURS]

A friend is in the initial stages of divorce and hes been asking me all sorts of questions. Since I frequent this forum, I thought I would pose a question to all of you.

He purchased a townhome in 06 and tossed 92K down (20% was his money, the rest from her family). The townhome is down probably more than the down payment.

He is the sole provider for the family. She doesnt work and stays home with their daughter who is 4. All he does is work Mon-Sat to provide for the family.

So my question is in regards to the townhome. They cannot rent it per the agreement in the loan. If they sell it at a loss, they lose all the money. He mentioned he would let her stay there and pay the mortgage while staying with someone. I questioned why she would get to stay in the townhome, why doesnt he since he pays for it?

I have no idea on the laws of California but I would think since hes the sole provider and paying for the townhome that he should be entitled to stay in the townhome, if he so chooses.

So the bottom line is what she he/they do?

Thanks in advance.

[temeculaguy]

Divorce is complicated and all situations are different but this is about the worse case scenario. More than likely they will lose the place because they will each be living on half their income now since he will be paying alimony and child support to the tune of half or more. It is doubtful either can swing the place with a 50% cut in pay. California does not recognize individual income, the family income is what it is and it gets divided based on a number of factors. If the divorce is contested the legal fees can exceed 40k. Marriage is grand, divorce is 40 grand.

Staying with her until the kid gets older and she starts working is the only way to fly, divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage.

A place in San Diego purchased in 2006 is toast for a decade, so hanging on for a year or two won’t help, that downpayment is gone even if they stay together.

[temeculaguy]

Divorce is complicated and all situations are different but this is about the worse case scenario. More than likely they will lose the place because they will each be living on half their income now since he will be paying alimony and child support to the tune of half or more. It is doubtful either can swing the place with a 50% cut in pay. California does not recognize individual income, the family income is what it is and it gets divided based on a number of factors. If the divorce is contested the legal fees can exceed 40k. Marriage is grand, divorce is 40 grand.

Staying with her until the kid gets older and she starts working is the only way to fly, divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage.

A place in San Diego purchased in 2006 is toast for a decade, so hanging on for a year or two won’t help, that downpayment is gone even if they stay together.

[temeculaguy]

Divorce is complicated and all situations are different but this is about the worse case scenario. More than likely they will lose the place because they will each be living on half their income now since he will be paying alimony and child support to the tune of half or more. It is doubtful either can swing the place with a 50% cut in pay. California does not recognize individual income, the family income is what it is and it gets divided based on a number of factors. If the divorce is contested the legal fees can exceed 40k. Marriage is grand, divorce is 40 grand.

Staying with her until the kid gets older and she starts working is the only way to fly, divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage.

A place in San Diego purchased in 2006 is toast for a decade, so hanging on for a year or two won’t help, that downpayment is gone even if they stay together.

[temeculaguy]

Divorce is complicated and all situations are different but this is about the worse case scenario. More than likely they will lose the place because they will each be living on half their income now since he will be paying alimony and child support to the tune of half or more. It is doubtful either can swing the place with a 50% cut in pay. California does not recognize individual income, the family income is what it is and it gets divided based on a number of factors. If the divorce is contested the legal fees can exceed 40k. Marriage is grand, divorce is 40 grand.

Staying with her until the kid gets older and she starts working is the only way to fly, divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage.

A place in San Diego purchased in 2006 is toast for a decade, so hanging on for a year or two won’t help, that downpayment is gone even if they stay together.

[temeculaguy]

Divorce is complicated and all situations are different but this is about the worse case scenario. More than likely they will lose the place because they will each be living on half their income now since he will be paying alimony and child support to the tune of half or more. It is doubtful either can swing the place with a 50% cut in pay. California does not recognize individual income, the family income is what it is and it gets divided based on a number of factors. If the divorce is contested the legal fees can exceed 40k. Marriage is grand, divorce is 40 grand.

Staying with her until the kid gets older and she starts working is the only way to fly, divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage.

A place in San Diego purchased in 2006 is toast for a decade, so hanging on for a year or two won’t help, that downpayment is gone even if they stay together.

[patientlywaiting]

[quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.

[patientlywaiting]

[quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.

[patientlywaiting]

[quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.

[patientlywaiting]

[quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.

[patientlywaiting]

[quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.

[seattle-relo]

[quote=patientlywaiting][quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.
[/quote]
Whoa horsey! What makes you think she’s a whiner? Stay at home moms aren’t whiners. It’s a family decision. For some families having a parent stay at home to care for the child/children makes the best sense. And if she hasn’t been working it can be a challenge to re-enter the workforce, especially during these economic times. I am not saying she shouldn’t get a job, but don’t make judgements until you have all the facts.

[seattle-relo]

[quote=patientlywaiting][quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.
[/quote]
Whoa horsey! What makes you think she’s a whiner? Stay at home moms aren’t whiners. It’s a family decision. For some families having a parent stay at home to care for the child/children makes the best sense. And if she hasn’t been working it can be a challenge to re-enter the workforce, especially during these economic times. I am not saying she shouldn’t get a job, but don’t make judgements until you have all the facts.

[seattle-relo]

[quote=patientlywaiting][quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.
[/quote]
Whoa horsey! What makes you think she’s a whiner? Stay at home moms aren’t whiners. It’s a family decision. For some families having a parent stay at home to care for the child/children makes the best sense. And if she hasn’t been working it can be a challenge to re-enter the workforce, especially during these economic times. I am not saying she shouldn’t get a job, but don’t make judgements until you have all the facts.

[seattle-relo]

[quote=patientlywaiting][quote=temeculaguy] divorcing a stay at home mom will leave him with barely enough to eat on, let alone pay a mortgage[/quote]

How about divorce the wife and ask her to get back to work immediately?

He has the money so he holds the cards.

I don’t think that any judge would approve of her staying at home and not working.

Pay the $40 grand now and get rid of her as fast you he can. That’s better than living with a whiner for the next 10 years.
[/quote]
Whoa horsey! What makes you think she’s a whiner? Stay at home moms aren’t whiners. It’s a family decision. For some families having a parent stay at home to care for the child/children makes the best sense. And if she hasn’t been working it can be a challenge to re-enter the workforce, especially during these economic times. I am not saying she shouldn’t get a job, but don’t make judgements until you have all the facts.

[Author]

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