Off-Topic

not sure yet the wife is right. i don't think she is, but nevertheless.. she has already moved and the house is sitting there empty. so, even if he doesn't have to pay the bitch the difference, what's the incentive to keep paying the mortgage. :-(

This isn't a mortgage question and I suggest you tread carefully in supplying any legal advice.
1. In a divorce, the bank dosen't care what the divorce decree states - whomever is on the note is required to pay the loan.
2. Contact Loss Mitigation - explain the issue and see if there are any workout terms.
3. Money he makes isn't the issue, it's his DTI and liquid assets. If he can prove that his DTI is above the 45% range, they can modify the terms to reduce the payments. Ex: Lower rate to 2% and increase the term out to 35 - 40 years. It's a full time job getting this done but I've helped people acomplish it.
4. Contact an attorney - the terms he agreed to make zero sense. I wouldn't be surprised if he isn't being 100% honest about her ability to move out, requiring him to pay her the $2200 delta. He had to assume the worst could happen since the depressed housing market isn't some big secret. If she wanted to live there, she should have refinanced in her own name (or her parents / whomever) or the sell the house at a loss reducing the total amount of $ he was able to pay her.

i'm not giving him any advice. i haven't got a clue as to what he should do. I already told him #1 and he's well aware of that fact. he's also already done #4, but they don't seem too interested in assisting with what he should do with the house. they said to work it out with mortgage company.

btw.. i will likely just send him a link to this thread. LOL

i have so many guy friends getting screwed in divorces right now. it simply amazes me what some people think they "deserve" to these days. i mean, just because a lawyer/court says you're entitled to ask for something, does that mean that you should? i just don't subscribe to the theory that if i make $50k and hubby makes $100k, he should give me $25k so we can live equally.

pre-nupts are no longer for the rich or those with assets to protect. we live in a country with a divorce rate so high that there are now more divorced adults in this country than there are married adults. my advice to all the young males on this board considering marriage.... cut back on the flowers and spend $1200 on a good pre-nupt. negotiate the terms of your divorce now, while you're both still madly in love and don't believe you'll ever part ways. it's a LOT less expensive than the $10k a divorce will likely cost you later, most which will go to attorneys, when you both hate each other's cheating guts.

If my wife ever attempts to do the things mentioned in this thread, I'll just hit tiffles up and have her taken care of.

I know know an ex wife who takes the huge alimony payments but doesn't pay the mortgage. She knows his credit will get killed when the bank forecloses.....so he will end up making her payments for her

She doesn't care about her own credit, shes a bit nutty, but has tons of cash

Another reason why guys are morons to get married.

I'm not really familiar with divorce law, but I don't see why it couldn't be left in his name, but he be ordered to provide it to her rent-free. Unless the settlement specifically allows for her to trade in the rent-free domicile for alimony, I'm not sure why a rent-free domicile would automatically convert to the equivalent in alimony, though. But it depends on the terms of the settlement.

As his friend, I just wouldn't try to give much advice on stuff like this beyond "you need to have your lawyer review the terms of your settlement." Giving well-intentioned-but-incorrect advice is worse than just saying "man, that sucks."

Kill her, obv

I mean what?

Yes.*

*No, not really. I don't have your best interests in mind and just want more entertaining threads.

Another reason why it's fun to make fun of lawyers until you actually need one...and then when you need one and don't hire a good one, you get royally fucked.

fwiw.. he's not asking me for advice on how to handle the situation with the wife. whatever they courts/lawyers tell him he has to pay her, he has to pay her. it's pretty cut and dry.

he's looking for advice, such as what DrR2 and Crofton are offering. from everything i've read in the last 24 hours, he seems as though he should do the short sale and hope the banks don't come after him for the difference.

and yes, she's on the deed.. and no she's not on the note. she's willing to sign a quit claim though. so kind of her. bitch.