im in divorce process and im going to keep the house me and two minor kids ,the mortgage is under my husband s name and im ok to pay the house payment .
You need to hire an attorney to represent you in the divorce proceeding so that you are fully protected.
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You did not state whether you have an attorney. If you do not have one, I suggest that you consult with one as there is a process involved when transferring the marital residence after a divorce. Usually, the process involves a quitclaim deed, so that the house is deeded solely in the name of the spouse keeping the property. Also, there will likely need to be some financial assumption by you of the mortgage and language in any decree or agreement that you will hold your husband harmless on the mortgage.
this is usually something to negotiate. Normall if you get the house your responsible for all payments, but if your husband is paying the mortgage, its another expense you'll have to discuss.
Some mortgage payments include the taxes and insurance with the payment. This should be the first thing that you need to find out. If it is not included, you and your attorney will be able to work this out as part of the agreement for you to keep the house. Typically, the court will consider that anyone that will be keeping the real estate should be responsible for all of the financial obligations of the home. However, in certain situations, the party not remaining in the home will sometimes pay fees in lieu of other payments that may be due and owing to you through the equalization of the assets and debts.
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