Is my wife entitled to half my 401k?
Is my wife entitled to half my 401k?
Under California law, your marital assets will be split 50/50. That, unfortunately, will likely include your 401(k).
How do I get half of my 401k in a divorce?
1. You Need a Court Order to Divide a 401(k) Pulling money out of a 401(k) to finalize your divorce isn’t something you can do on a whim. First, a judge has to sign off on a Qualified Domestic Relations Order, which confirms each spouse’s right to a portion of the money.
Can I make my wife pay half the mortgage?
Yes, your ex will have to pay half of the mortgage if they are listed on the mortgage as you will be both equally liable to the mortgage lender and in the case of the mortgage being defaulted then the mortgage lender will come after the both of you for the mortgage balance plus any costs.
Can I sue my ex wife for not paying the mortgage?
If the decree states that she is responsible for the mortgage, then your recourse is to bring a contempt action against her and have the judge order payment. If she cannot afford to make the payments, then you should request that the judge order the sale of the marital home.
What happens if I can’t refinance after divorce?
If you’re not willing or able to sell or refinance your home, your other choice is to keep the home and the mortgage intact. Both parties remain on the loan and liable for the payment. This requires specific language in the divorce agreement about who will make the mortgage payments each month.
How can I get my husband off the mortgage without refinancing?
You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.
Can I refinance my house in my name only?
There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. In other words, the mortgage lender can still come after your spouse for repayment unless and until you refinance in your own name alone.
Can siblings force the sale of inherited property?
Yes, siblings can force the sale of inherited property with the help of a partition action. If you don’t want to hold on to an inheritance given to you by parents, you might want to sell. But you’ll need all the cards in your hand if you have to convince your brothers and sisters to sell, too.
