We’ve been physically separated for 6 months and are still working out the terms of our agreement so we don’t have anything legal in place as of yet. I am living in the marial home where we are both on the deed but the mortgage is in my name only. The home is not selling. I do not want to buy him out because I cannot afford to pay the mortgage long term, and a smaller rental property is in my best interests personally as well as financially at this time. 2 questions:
1 - could he force me to use my 401k to buy him out through a QDRO if I have enough in my 401k? Would a judge make me do this? Would I have to prove that I couldn’t afford to pay the mortgage and if so, what kind of proof would I need? (I looked into refinancing the mortgage to a lower rate, however because the current loan is interest only and the home is worth less now than we refinanced previously, my payments would actually increase if I did so.)
2 - could our agreement contain a quit-claim to the deed for him, but state that when it does sell he is entitled to half? He wants to wait and sell the home in the spring but I do not want to share property with him especially once we are legally divorced. I have no problem sharing the proceeds, I just want him off the deed if I end up having to stay there longer than expected.