Legal Question in Family Law in Hawaii

Divorce/Property

My divorce was granted by a judge after I signed it w/only the information my exhusband gave me. I agreed to pay him half of what he estimated the value of our home and he moved out (I suggested he stay and pay rent, so he was not forced out). I also signed a quick claim deed to get his name off the lease (which has not yet been finalized). A friend told me that was completely wrong & that he is liable for half of the mortgage & that a lawyer might be able to help get the payment back & that he's not supposed to get half the profit until it's sold. I paid him 9k on his estimate which was at least 20k over the value of the house & I've had to move due to military, so now I need to get another place to rent. Is there any way to undo the divorce, then get a lawyer & redo it splitting the financial responsibility properly?


Asked on 5/21/08, 11:22 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Divorce/Property

He's not liable for one-half the mortgage. What you do is deduct the mortgage from the equity and give him one-half the equity. However, it's not that simple, either. There are other issues that should be taken into consideration such as other debt that should be offset, closing costs if the house is being sold, etc. Also, was there a separate property down payment? There's also a possible issue of fair market rental value and reimbursement for payments made toward the principle.

I believe there are ways to handle this, but it would cost more money than it might possibly be worth. You should probably consult with an attorney to find out the legal issues involved here and whether you made a mistake. Then, do a cost/benefit analysis as to whether it would be worth going after any reimbursement.

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Answered on 5/23/08, 1:28 pm


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