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肥嘜嘜


複式洋房

積分: 107


1#
發表於 07-11-13 04:18 |只看該作者
其實係幫人問. 但事件較長同埋我打中文比較慢,希望有回覆先打! Thank you!
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bunnymonkey


別墅

積分: 781


2#
發表於 07-11-13 04:23 |只看該作者
Not totally familiar but I have been hearing this type of stuffs from here and there. If you want, you may type in English and see if anyone here can give you any info.


原文章由 肥嘜嘜 於 07-11-13 04:18 發表
其實係幫人問. 但事件較長同埋我打中文比較慢,希望有回覆先打! Thank you!
私人傳訊

rose-mag


王國長老

積分: 173917

母親節2025勳章 2025勳章 2025勳章蛇年勳章 2024年龍年勳章 虎到金來勳章 牛年勳章 15週年勳章 親子王國15週年勳章 親子王國15週年勳章 2018復活節勳章 畀面勳章 有「營」勳章 好媽媽勳章 醒目開學勳章 環保接龍勳章 大廚勳章 親子達人勳章 王國長老 BK Milk勳章 hashtag影視迷勳章 最關心BB問題熱投勳章 開心吸收勳章


3#
發表於 07-11-13 04:51 |只看該作者
My hubby partially owns an apartment, his aunt works in a law firm. Plus, one of our close friends is working on divorce which involves property, custodian rights, joint investments, etc. Not sure if I can find the answers for you but you can try to explain the situation first. Also, law may be a bit different in different states in details.
花旗太太生活在花旗國，留意時差，你問我未必即時答到。
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肥嘜嘜


複式洋房

積分: 107


4#
發表於 07-11-13 06:56 |只看該作者
I didn't expect to hear from you guys in such a short time, thanks!

(BK was down again)

Here's the situation:
A couple married for 30 years & has been SEPARATED for at least 8 years. The couple didn't file any legal paper for divorce, only the mom/children moved out. The couple owned a house together & it's been paid off. Now the man is 70, retired for 25 years & is living in the basment of that property. The woman is around 50, has a job & is living with her son. The first & 2nd floor of the property are for rental purpose, the man gets the rent from the first floor while the woman gets the 2nd floor. The woman is dying to get out from the verbally abusive relationship(they still see each other once a week), she wants to sell the property but not the man. So what can the woman do? Please help!

[ 本文章最後由 肥嘜嘜 於 07-11-13 06:59 編輯 ]

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bunnymonkey


別墅

積分: 781


5#
發表於 07-11-13 07:22 |只看該作者
Which state do the couple live in (and where the house is located)? Are both of their names on the house title? If that's the case, I think without both signatures, there can be no clear title delivered at closing when selling the house (I can be wrong as I am not real estate agent nor attroney).

What I can think of is that the woman ask/file for a divorce so they can seperate all the properties, including the house. She can hire an attorney to work things out if the man is not co-operative. He may buy out her share or find another person to invest in the property and buy the woman's share then transferring the title appropriately.

原文章由 肥嘜嘜 於 07-11-13 06:56 發表
I didn't expect to hear from you guys in such a short time, thanks!

(BK was down again)

Here's the situation:
A couple married for 30 years & has been SEPARATED for at least 8 years. The couple did ...
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肥嘜嘜


複式洋房

積分: 107


6#
發表於 07-11-13 09:48 |只看該作者
They are actually living in IL, and the house is under both names!

Based on the information I search over the internet, divorce probably isn't the best way, as the woman may not be getting her 50% of the property.

In deciding how to divide the property owned by a divorcing couple, judges will consider:
  • The length of the marriage
  • How much and what kind of marital and non-marital property there is
  • The financial circumstances and earning potential of each of the spouses
  • The age and health of each spouse
  • The contributions each spouse has made in acquiring property
  • How each spouse has benefited from the parties' property
  • Obligations and rights from prior marriages
  • Any agreements the parties made during the marriage
  • The tax consequences of property division


原文章由 bunnymonkey 於 07-11-13 07:22 發表
Which state do the couple live in (and where the house is located)? Are both of their names on the house title? If that's the case, I think without both signatures, there can be no clear title deliver ...
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bunnymonkey


別墅

積分: 781


7#
發表於 07-11-14 08:04 |只看該作者
It depends on the state and other circumstance. It's better to calculate which way is the most beneficial to the woman or she can consult with a lawyer. :) IL is not a community property states (CA is)... Anyway, does the woman and the man has any other joint assets/property?

To me (in general), I don't think the length of the marriage has any thing to do with the "half" ownership of the house if the woman also has her name in the title. But then I guess it depends on all other situation... e.g. a wife give up her career to take care of the kids while the man go out and work to support the family, there are cases that the court will ask the may to pay alimony for the woman if she doesn't has working ability etc. From what you listed, it depends if the woman has any agreement with the man about that property and stuffs. So you need to know the whole pictures to determine which method is the best for the woman. :)

原文章由 肥嘜嘜 於 07-11-13 09:48 發表
They are actually living in IL, and the house is under both names!

Based on the information I search over the internet, divorce probably isn't the best way, as the woman may not be getting her 50% o ...
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rose-mag


王國長老

積分: 173917

母親節2025勳章 2025勳章 2025勳章蛇年勳章 2024年龍年勳章 虎到金來勳章 牛年勳章 15週年勳章 親子王國15週年勳章 親子王國15週年勳章 2018復活節勳章 畀面勳章 有「營」勳章 好媽媽勳章 醒目開學勳章 環保接龍勳章 大廚勳章 親子達人勳章 王國長老 BK Milk勳章 hashtag影視迷勳章 最關心BB問題熱投勳章 開心吸收勳章


8#
發表於 07-11-15 04:56 |只看該作者
原文章由 bunnymonkey 於 07-11-14 08:04 發表
It depends on the state and other circumstance. It's better to calculate which way is the most beneficial to the woman or she can consult with a lawyer. :) IL is not a community property states (CA is ...


Agree, length of marriage should not have any influence on the half ownership of the property. First of all, you need to check the law in IL (I'm also in CA). Secondly, when they brought the house, who paid the down payment and who paid the monthly mortgage? Thirdly, why they don't want to divorce? In common law, the couple share everything they jointly owned.

To my understanding, the judges will consider the custodian rights and responsibility according to the financial situation of each of the party. It's no reason that one of the party has retired can own the whole house just because he's no earning power.

Well, the best way to claim the 50% share is to get compromise but if it is not the case, she can either accept giving more to the husband in order to persuade him to sell or to keep the house this way and wait until he dies. After his death, she can 100% own the house. It's the fact that some couples do not divorce even their marriage had problem for so long and each of them wait for the death of the other one, so sad. To me, I would rather have less money but happy.
花旗太太生活在花旗國，留意時差，你問我未必即時答到。
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肥嘜嘜


複式洋房

積分: 107


9#
發表於 07-11-15 09:54 |只看該作者
bunnymonkey/rose-mag

Thanks for all the advice. I actually contacted an old friend earlier today, who's business partner is an attorney, see if she can help me out on this case. Once again, thanks so much!
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