Mediation


#1

Getting ready to go to mediation on E.D.; no children and name is on deed and not mortgage. Does anyone have any advice on how to “compromise” to make things run smoother. Definitely don’t have the money to go to court to have the judge decide. Any help would be appreciated in any aspect of mediation.
Thanks so much.


#2

You need to give more detail, house purchased during marriage or before. Value then, value now. The situation you describe should not be typical, how would have a property deeded to two people but a mortgage with only one spouse. Usually its the opposite.


#3

The mortgage is in wife’s name; husband on the deed because the husband is a dependent spouse. There is currently about $80K in profit in the house and wife has a checking and savings account. She never put husbands name on those accounts - according the N.C. it’s still all marital property because it was all during the marriage. She is not going to let go easily of the money or the physical property. .we think she would rather give it to attorneys than the husband.
We are just looking for personal experience on how to make things run smoothly. .thanks.


#4

If the house (down payment and payments) were paid for with money earned by either of you during the marriage you basically have a 50% claim to them. If the money in the accounts is from money earned by either of you during the marriage you basically have a 50% claim. What you settle for is your preference, but if situation is as you described I think you would get half of everything. She would likely get the house but would have to settle the equity with you. If you can’t agree on a value I think it would be appraised or sold. RE prices are down a lot now. If you schedule an appointment through the NC State Bar website/phone number they will get you a attorney for 30 minutes of consultation for $50. Local attorneys for divorces often have free consults, up to $300 fees for 1-2 consultations. Most people should be able to afford that. Contested divorces cost $3k-25k for each party. They can certainly not end pretty, and pretty much every contested case leaves both parties worst off than if they just reasonably split assets.