I Don't Trust Attorneys...

unless you're one - haha
No, really I have a question. Last year during our separation, we were told by 2 attorneys that if we sold house before legal sep., that was fine, we could split equity, if we sold house after legal sep., then the house would be tied up until the divorce was over.
That's why we are living here (shall I say) somewhat being civil while the house sells.

Someone is scheduled to come out Wed to look at house - I hope they buy it - I've got my apt all picked out and it has e'thing I want - 1st floor so I can taken puppies out the patio door w/o having to go into the hallway, it backs up to the woods, but has a good grassy area. W/D connections, indoor and outdoor pool so I can do my water aerobics in the winter, all blinds, I hope it will still be available. Prop. Mgr. told me about 2 weeks ago that it was to be 7 days before tenants moved out, then they allow 15 days for cleaning, getting the apt. ready. She told me if I needed she would hold it an extra 30 days. That was so sweet.
She also has a s*** Tzu. She is not going to charge me the pet deposit
($200 times 2 = $400.00. b/c mine are Shih Tzus - I knew those puppies would save me money one day. haha

Anyway, I don't trust David. He says he doesn't care if the house sells fast or slow. Not like David. E'thing he does, he does fast, irratated at other people for going slow.

Is there any recourse for him if house is sold first?
I will still go down and file papers for separation as soon as it sells - 1 yr -
no fault.

Thanks if anyone has any info.
Becky
Becky, once you enter into a legal seperation (or file divorce) marital assets such as a house,bank accounts, pensions or whatever are in a way controlled by the court, and this is done to protect both parties in terms of division of property, equity or whatever.

You have no idea what will be awarded to you in terms of the equity in the house. You could be looking at more than 1/2, depending on your circumstances. It prevents one party in the divorce from getting "cute" with marital assets, thus denying the other party what is owed to them.

You can in fact sell it, and have what is known as an "agreed order" entered by the courts that outlines the division of the equity. This can be done but your attorney won;t like it and the courts certainly aren't thrilled with it.

Thank you o much.

Our biggest asset is equity in house. Don't want to keep paying on it but don't want to lose equity. I hope this happens fast so I can start court proceedings. I'm moving to my little apt and I don't really know where he's going.

Seems you know the law very well.

Thanks again, Becky
Danny is one smart cookie becks only dont tell him cus it goes to his head lol jaxxxxxxxxxx