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Topic ClosedHow do you protect your home from divorce!!!

 
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AlabamaKinks View Drop Down
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Direct Link To This Post Topic: How do you protect your home from divorce!!!
    Posted: Oct 30 2007 at 12:16am
Lawd have mercy.
 
I keep hearing about a very f*cked up situation:
A couple gets divorced.
She wants to stay in the house with the kids.
The man wants his share of the equity in home. 
The woman can't afford to pay him off so they have to sell it. 
Which means her & the kids have to leave their own home!!!!
 
This sh*t went down on divorce court last week & now on a forum that I post on....
Quote I get to keep the house(of which I inherited from my parents- earned it through caretaking ,etc.)
But had to pay him $60,000.

If this mess were to happen to me I'll have to keep it gangsta and kill him first.
 
Isn't there a way to draft a clause in a prenup that states in the event of divorce the wife maintains full ownership of the house/the husband forfeits his claim to the house, equity, or whatever.  
 
Cause I ain't never scared. I'll cut a mofo up and feed him to the hogs before I lose my house.
 
 
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SuperNova View Drop Down
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Direct Link To This Post Posted: Oct 30 2007 at 12:46am
I'm sure there is some type of clause that could be added in.   agree that just because the parents divorce, the kids shouldn't even be put in the position of having to be uprooted. 
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Direct Link To This Post Posted: Oct 30 2007 at 2:51pm
Buy Suze Oramn's book Woman & Money she explains ALL of that http://www.suzeorman.com/
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Direct Link To This Post Posted: Oct 30 2007 at 8:41pm
^^^I read that. Thumbs%20Up
 
And about that, I know Suze talks about placing the house in the trust.  Would the trust by itself protect your house or would you need the prenup too?
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Direct Link To This Post Posted: Oct 31 2007 at 8:26am

I cant really remember, I'll get the book next time I'm on the computer and look it up for you (since I get online at work/school)

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Direct Link To This Post Posted: Oct 31 2007 at 8:29am
i would also like to know!
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Direct Link To This Post Posted: Nov 02 2007 at 5:06pm
Okay, here's what I've learned AND experienced about divorce and property.
 
First marriage:  my ex couldn't prove that he paid any of the mortgage payments (like I would give him a receipt) so since he couldn't prove that he helped 'maintain' the property, he was not entitled to any of it.
 
Second marriage:  I was advised by an attorney that it doesn't matter whose name the deed is in, it is considered marital property unless. . .   If we were to divorce, I would have to prove that (a) the marital property was purchased before the marriage; (b) that no funds from my employment (marital property) will be used to pay the mortgage for the  property.  meaning that I would have to have a separate income and separate account to pay the mortgage to insure that he will not get any proceeds if i was to sell it or we get divorced. 
 
So far, so good.
 
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Direct Link To This Post Posted: Nov 02 2007 at 5:44pm
I believe that if it is trusted to your children then you would not need the prenup clause. However, depending on how triflin' your ex-to-be is, he could take you thru all sorts of unnecessary drama over the physical custody of the kids if he wants to live in the house himself. That sounds waaayyyy whack but people do some dumb, spiteful, triflin' stuff in divorce. Ouch 
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Direct Link To This Post Posted: Nov 02 2007 at 7:20pm
Originally posted by newcurlygirl newcurlygirl wrote:

I believe that if it is trusted to your children then you would not need the prenup clause. However, depending on how triflin' your ex-to-be is, he could take you thru all sorts of unnecessary drama over the physical custody of the kids if he wants to live in the house himself. That sounds waaayyyy whack but people do some dumb, spiteful, triflin' stuff in divorce. Ouch 
 
^^ITA.  Both my ex and my current are triffling.  I think I was drugged both time.  Anyhow, I believed if the property is Willed to your children, no one can touch the property.  That why it is VERY important to have a Last Will of Testament.
 
 
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Direct Link To This Post Posted: Nov 11 2007 at 8:11pm
Wow. i just found this section! But yeah i like that 'marital property' law lol

ETA: TooBlessed , how many times u been married? Reply: 'personal question' if u don't wanna answer Wink


Edited by PurpleHaze - Nov 11 2007 at 8:12pm
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