Ed


#1

I have a friend who has been going thru sep/divorce. He is jointly 100% mortgaged with stbx, has $60k credit card debt, has possession of house and 80% of marital prop.

He is being told to let out-of-state spouse to have whatever stuff she wants, and to put the house on market to show “amicability” and “cooperative spirit.” No quit claim is being offered.

Is this good advice? The home won’t sell, he will have little left, and still have $60k debt…

Any thoughts are appreciated.


#2

I cannot offer comprehensive advice through this forum as I do not have all the facts. If your friend would like to keep the house, I would not suggest he agree to sell the home.


#3
  1. If the “out” spouse refuses to settle ED without court, can he dispose of (ie., sell) some of the marital hh items if he uses the proceeds to pay down marital debt prior to distribution?
  2. can the court compel either spouse to actually take the hh items they do not wish or need?

Thank you kindly.


#4

He should not sell items prior to distribution without the other party’s consent. The court can order a distribution of the personal property at the ED trial.