QUESTION
is it better to get my wife off title of the mortgage before or after the divorce?
Asked on Aug 28th, 2013 on Divorce - California
More details to this question:
I purchased the home before we were married and she took the kids and abandoned me and the house about 4 years ago. I lost my job and almost lost the house. But I was able to get my job back and save the house. I want her off the title and a divorce and some type of custody of my children. She used to manage the money and had saved up a decent amount and took that and split. We have no court order and she expects money and doesnt let me see my kids but only a few days a month. It is going on a few months now that I haven't see my children and I want that to stop. I have debt that falls on me now that was ours. Im not sure what the best route is, but I am tired of her ruling and using the children for her benefit. I miss my kids and I know my kids miss me.
1 ANSWER
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In order to get your wife off title, she would have to agree to do so. If she does not agree, then the issue would have to be addressed in the trial phase of the Divorce. If she is also on the mortgage, her name could come off if she agrees to a refinance of the house or a sale of the property. It sounds like you need to file for Divorce and then file a Request for Order to address custody, visitation and support for children. Your division of property issue will have to be addressed in the trial phase of the Divorce as it sounds like she will not agree with you and you will be in a contested Divorce.
Answered on Aug 28th, 2013 at 6:14 PM