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Questions Answered by Queeneth E. Esq

Queeneth E. Esq

Queeneth E. Esq

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Queeneth E. Esq
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I wanted to ask your opinion before proceeding further: Based on the divorce agreement and the fact that my ex-spouse never refinanced the Alaska home as required by December 2020, do I have legal grounds to either reclaim ownership or force a sale to recover damages and remove myself from financial liability? Or would it be wiser to give her more time before taking legal action?
AK Divorce

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I live in SC and have contemplated separating for many years. My spouse has a problem with habitual drunkenness, anger management issues, and he has been emotionally abusive for many years. I still live at home with him—in a home he purchased in his name, co-signed by his now-deceased father. I’ve recently been able to purchase a home in my name only, closer to my job in the next city over, so I’d have somewhere to go when I separate. A non-profit told me I could update my driver’s license to show my new address and qualify for the 4% primary residence property tax rate. But when I tried to apply for legal residency on the Lexington County website, I found out it’s not that simple. They won’t accept a notarized separation agreement (which he hasn’t signed yet). They require a filed Order of Separate Maintenance and Support with a docket number to prove I reside separately before granting the 4% rate—regardless of whether it’s my actual primary residence. This doesn’t seem fair because it brings the courts into a private matter and adds fees, when marriages should be allowed to resolve their differences without court involvement.
SC Tax

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3

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