Legal Question in Family Law in Nevada
family divorce
My wife left (extramarital affair) in August 2007, my son and i have lived in the house since. We are now planning on divorcing and selling the house. My wife offered to have me quitclaim the house over to her and she would move in. However, would a Judge in this case give her physical custody becasue she owns the house? And would i be liable for helping with those mortgage payments because she cannot afford them? We have agreed to a 50/50 custody fo our son. Just affraid the Judge will look at the decree and determine physical custody based on the wifes address and status as home owner.
2 Answers from Attorneys
Re: family divorce
You need to see an attorney and work on an overall settlement of the child custody, chid support, alimony and property/debts issues. You are right to be worried about quitclaiming her the house. Generally, the house is the most valuable asset parties have and the equity in the house gets divided 50/50 under most circumstances. Also, if you are on the mortgage, quitclaiming the house will not relieve you of liability for the mortgage payment.
Re: family divorce
Since she moved out of the house and you are still living with your son for the past 8 months, the Judge would be more likely to award you primary custody of your son. If either of you have been making the mortgage payments while married to her, you have an interest in the house for each month a mortgage payment was made if the money used to pay the mortgage was from wages.
If you have agreed to 50/50, the Judge will approve that but you would have to pay the difference of 18% of your's and her's income in child support.
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