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February 09, 2012, 02:59:43 PM

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Author Topic: HELP! HOW DO I PROTECT MY INTEREST IN MY HOUSE?  (Read 1512 times)
JAYDENE
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Posts: 5


« on: February 06, 2009, 12:19:25 PM »

HELP! HOW DO I PROTECT MY INTEREST IN MY HOUSE?


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Hello, my husband and I have agreed to defer selling and/or one of us buying out the the other in regards to our marital home until our youngest child graduates from high school in about 4 years.  We have created an agreement that reflects this arrangement.  My biggest problem and question is related to the fact that although the home was purchased during our marriage, my name was not put on the deed or on the mortgage at the time because of an outstanding lien in my name.  (Should be paid off w/in next 2 years.)  At this time I have dower rights only!! I have read some information regarding divorce liens but am unsure if this is what I need to protect my interest in the home or something else?  We have agreed that the children and I are to stay in the home until after our youngest child graduates from high school at which time a decision will be made.  Does anyone have any suggestions??
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Lee Borden
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Posts: 1202



« Reply #1 on: February 10, 2009, 05:24:06 PM »

Keep in mind that when you and your STBX get a divorce, and the decree attaches the agreement between you, the judge will in effect be ordering both of you to comply with the agreement, so breaching the agreement will be a breach of a court order and may give rise to contempt. If that's not enough for you, you can always ask that part of the divorce settlement be the transfer of the house into joint tenancy.
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