QUESTION

Can I get a divorce but keep my house with a settlement to my husband if and whenever I sell?

Asked on Jan 12th, 2013 on Divorce - Georgia
More details to this question:
My husband is an alcoholic, he drives while drunk and I am afraid one day he will seriously hurt or kill someone. I do not want to lose my house because of his drinking. We have been married for 37 years; I am 67 years old and he is 74. I want to protect our assets.
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6 ANSWERS

If you are worried about liability to third parties, you should consult an attorney about measures you can take short of dissolution. Upon dissolution the court would order the division of the asset which would likely cause you to have to sell or do a buy out of his interest now.
Answered on Jan 14th, 2013 at 7:35 PM

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The house will be part of the divorce settlement. It is possible to work out a resolution that protects this asset. Consult with an attorney to discuss this issue further.
Answered on Jan 14th, 2013 at 7:34 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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You should consider consulting an attorney. The only way to truly protect yourself would be to divorce and be sure to remove your husband's name from the home, such as by way of refinance and quitclaim deed. If you have additional questions, it would be good to consult a lawyer.
Answered on Jan 14th, 2013 at 7:34 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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It is highly unlikely you would ever lose your house as a result of your husband's drinking, no matter whether you get a divorce or not. But, if you pursue a divorce the question of who gets the house will depend on how you and your husband agree to things or, if you can't agree, what a judge believes is fair and equitable under all the relevant facts and circumstances.
Answered on Jan 14th, 2013 at 7:34 PM

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Maybe. It depends on the division of assets. Talk to an attorney.
Answered on Jan 14th, 2013 at 7:33 PM

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Family Law Attorney serving Brunswick, GA at Vincent D. Sowerby
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You have a variety of options available to you. I would suggest you contact an attorney and discuss which ones may be right for you.
Answered on Jan 14th, 2013 at 7:33 PM

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