Greetings. Thank you for the comments on our website and I apologize for the delay in responding…here goes:
Yes, I agree that you will need to sell the home, but the first thing is to retain an attorney for a legal/financial analysis and to draft up the separation agreement which will contain how everything will be distributed. Selling the house seems the only option.
No, you would not want to purchase another house together if the rental is available to live in. The key word in the last sentence was “together.” If your spouse cannot afford the mortgage now, when will she be able to obtain one in her own name? Buying another piece of property together may obligate you for the life of the loan to be on the mortgage…which may restrict your future real estate ownership. Possibly selling the rental and using the funds to buy something else in your spouse’s name (maybe her parents as co-signers) is an option though. THE KEY: Watch how you make new ties while trying to divide up, separate, and sever old ties with your spouse.
She doesn’t like the look, the neighborhood, the size? This is irrelevant if you won’t buy more property with her in your name also.
Yes, there are rules for child support, but no there are not hard line rules for alimony. Making sure that both parties have sufficient cash flow is essential though. Your attorney can help you to determine the appropriate amount range for alimony.
It sounds to me like you have no other option but to cohabitate until the house sells.
Not necessarily, but it depends on the entire situation, her health problems, whether the insurance is comparable, etc. You only have to let your insurance know when you divorce.
Thank you…and please try to have a Happy Holiday with your children!
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.