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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My divorce was final in September and part of our marital settlement

Resolved Question:

My divorce was final in September and part of our marital settlement was that my husband, was to put the house in his name within 4 months. I just found out he has not been paying the mortgage since March of this year. Part of our separation agreement was that he would live in the house and pay the mortgage and all associated costs since I moved out in Sept. of 2008. The house was originally bought by me and the mortgage is stll in my name. My husband will have to pay $15K in arrears, plus other factors before he can put the house in his name. He cannot afford to do this. and I received a notice the house will go into forclosure. How can I legally get him to move out of the house in January, so I can put this up for sale which our divorce agreement details? thank you.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

May I ask, is his name on the deed of this property? Did you ever add his name to the deed?
Customer: replied 5 years ago.

 

The believe the deed is in my name only, but I did add his name to the mortgage.

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

And also just to be clear, your spouse was awarded the property during divorce, he was the one who was permitted to live there and make the payments?
Customer: replied 5 years ago.
yes, that is correct.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Okay, that makes it a little bit more complicated. Since by court order your spouse is entitled to the property, even if you have legal title, if you attempt to evict him you would be in violation of the divorce decree yourself. That means that you would need to go back to Family Court, petition the court for a contempt order against him where you show the judge that he failed to adhere to the terms, and essentially ask the judge to permit you to retake ownership and pay off the property. If the judge agrees, then you can pursue an eviction against your ex, remove him from the property, and pursue a sale. If you simply attempted to evict him first, your ex can take you back to court and seek damages from you for violating his property and ownership rights.

Good luck.
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