My husband decided he wanted to get divorced. He left. After a few months of not making any decisions, I filed and got the process started. I want to keep the house. He is telling me he is going to force me to sell the house so he can get money for grad school. I am under the impression that I can refinance the house in my name, and pay him out the difference in equity after we account for all shared debt. Is this correct? How do you determine what is a shared debt? For example, he is refusing to acknowledge that our solar loan is a shared debt and says he will not take 50% of the responsibility for it. Help, please. I need direction.
Your inquiry has several complex questions that should be directed to an attorney so that can give you a more complete answer. Generally, community property is split equitably but that is not necessarily evenly. Debts would generally be the same. When dividing property, you generally have a few options, one of which would include you buying your spouse out of the marital residence. This would require an agreement on the price and then refinancing to remove the spouse. If you proceed to trial, the court can also award the same result and likely would given one party wants to keep the residence.