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HelloThis is Samuel and I will discuss this and provide you information in this regard.Please clarify for me - at the time of the divorce and she was awarded the marital home was there a deed granting her sole title? In other words, did you sign off and is the home now in her name only?
Or does it still remain in both names?
Thank you. So your name is ***** ***** the Deed? And it is no longer in foreclosure? Is that correct? You brought the loan up to date?
I suggest you will want to consider filing a Motion to ReOpen the Divorce Judgment as it pertains to the marital home. You need to have the court order her to sign the quit claim deed. It appears you have the evidence that you have saved the home and have taken the responsibility of the same. And you should not be penalized at the time of sale of the home.The other option is to reopen and have the court order a Partition for Sale and then you get all that you have put into the home if there is enough equity and the sale price allows for you to recoup your investment.I suggest that you might want to consult with a local family law attorney who specializes in real estate marital property claims.
The court will need to order her to sign it over to you. And to do that you need to reopen the judgment of the divorce.
Thank youI suggest you can live there if you are still on the Deed. Changing the locks is not recommended. Because she is also on the Deed and was award the home in the divorce.Yes, I read that. I just wanted to cover all options should there come a point when the equity is there. I always provide as many avenues as possible.
Some avenues may work and others may not. But I provide as many as possible.
Back to changing the locks, I cannot tell you you can because she is on the Deed and was awarded the property. I suggest however, if she has left the home for a year or more, then you can change those locks.
If she has written you that she is leaving never to return or if she has left for at least a year, you can change the locks.She was awarded the property and you got something in exchange. The property is hers, she can do what she wants with it. But because you have rescued it from the foreclosure, you should be able to reopen the judgment and have the court order her to sign it over to you.
I suggest you can occupy the home. But changing the locks is something else. If you want to change them go ahead. The worst that can happen is she breaks in and has new locks put on.
She owns the home. Yes.
The only way you can live there without interference is if you get the court to order her to sign the Deed over to you.
I understand your situation and it is a situation that can be handled with filing the Motion to Reopen and have the court order her out and sign the deed.
As to her damaging your credit, I am sorry to hear she was so irresponsible. But it does give you more credence for the court to rule in your favor.
You can try mediation. But I suggest it could backfire. You can offer her anything that you feel would be an enticement. I was going to suggest you offer her some money for her signature, but you have invested so much and she has taken advantage and been so irresponsible that I did not feel you would want to "buy" her signature. Yes, you certainly make her an offer for her signature and discuss with her what she would agree to.And yes, as I said the court could order the partition of sale. If you have a certain amount in mind that she might be amenable to and you want to make her that offer, I suggest you consider doing it via a mediator. The mediator cannot make any orders and so if the mediation does not work out, then you can go to court.I fully understand your situation and why you are so sore and frustrated.
At this juncture, because she is still on the Deed, she can petition the court to order a sale, if she wanted to.
I suggest the court would be more inclined to rule in your favor to force her to sign the Deed to you.
Good Lord. I have no idea. She has behaved so poorly and I never like to reward poor behavior. That is something you need to decide and this could be where a mediator might be helpful. So you can go to a mediator with an offer in mind - leave some wiggle room - for instance if your top offer is $5,000 - then offer $2000 and let the negotiations begin.
You have already given so much. I suggest she deserves nothing. But you need to get her to sign the Deed to you.
What you are seeking in your Motion to Reopen is Ancillary Relief. The matter is too old to bring a contempt.Thank you for the opportunity to assist. You can provide a positive rating and still come back to this question at any time. Your positive rating is how I get credit for my time and information provided.
Ancillary Relief is the reason for the reopening of the judgment. You need the court to intervene because she did not do what was ordered originally and you need to court to change the judgment in your favor. The judgment is too old to bring a contempt. You said it was 10 years ago. And in a contempt the court is not going to make a new decision. You need to have the matter reopened if you cannot get her to an agreement.