My soon to be ex is wanting to know about the equity in my home. We live in MS. I got the home before we were married. His name is not on anything. We have one child together. Is there anything I can do to keep the roof over my child's head?
You really need to have an in person consultation with an experienced matrimonial attorney to review all the documents and give you meaningful advice. Trying to represent yourself in any legal proceeding, especially a divorce matter is unwise, to put it charitably. You need an in person consultation with an experienced MS matrimonial attorney, who can review all previous legal proceedings and documents. Then the attorney will be able to advise you how to proceed. You need to ask yourself, can I afford not to have an attorney? Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Yes there are definitely things to do to protect your home and you should contact an attorney of your choice soon.
The court will consider the child's needs when awarding the home. Other factors include 1) your ability to pay the note considering your income, and support payments, 2) the amount of equity the husband is due, if any.
If the future ex is due equity in the home, the court can consider a long-term payment plan to to provide for an equitable distribution.
You need to sit down with a lawyer and make sure you are getting 1) a fair share of the marital equity, and 2) the correct amount of child support.
Remember, never sign court documents without having them reviewed by an attorney. If your spouse has an attorney, then the attorney does not represent you. You need your own attorney.
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