Chromo, CO Divorce Law Firms & Lawyers

I think your husband is trying to intimidate you. Under the facts you have described, it is unlikely that you will get "nothing" in the divorce. It is possible that a Family Court Judge would determine that some percentage of the equity in the condo is a marital asset, and that your husband may have a claim to it. However, if you have proof that your husband has committed adultery that is grounds for divorce in South Carolina. A South Carolina Family Court judge will consider "marital fault" in making a distribution of marital property and give you a greater portion of the marital assets. Additionally, it is realistic that the Court could order your husband to pay your legal fees and court costs in the divorce along with temporary maintenance and support (alimony).

The simple answer is that only the lender can remove you from the loan obligation - there is nothing you or anyone other than your husband can do. Generally, lenders will never do that unless and until the other spouse qualifies to refinance the loan in his name alone. Nothing can be done until you file for the divorce, but the divorce court cannot require the lender to remove you from the loan, no matter what your separation agreement or prenup says. Once the divorce proceedings begin, the only thing the court can do in the final settlement is order that the property be sold if your husband can't or won't refinance in a timely manner.

You might be able to get the court to give him less marital property because of this conduct. Most likely, you will each end up effectively paying half when you divide the matial property. If you have real estate and kids involved in the case, you really should at least be consulting with a lawyer about what you are agreeing to, your rights etc. I spend probably 33% of my practice fixing pro se divorce agreements. You should not be going it alone and it does not need to be expensive to have an attorney - I actually do many cases on a consulting basis and many others for a flat fee. Feel free to call me for a free initial consultation if you have questions. I hope this helps.