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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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My exwife and I divorced ten years ago. In the divorce decree,

Customer Question

My exwife and I divorced ten years ago. In the divorce decree, the house was awarded to her. When our youngest child turned 18 she must sell the house and equitable amounts spit up. In 2007, she move out, I moved in and took over the payments. In April of this year, she asked me to move out. Keep in mind, my name is XXXXX XXXXX the mortage and deed. Question one# XXXXX I entitled to any compensation for years I paid toward mortage note?? Question two# XXXXX is telling me I need to make repairs to the house so she can rent it out. Can she legally make me do that?? Thanks in Advance.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. When she was awarded the home, was it also required that she continue to make the mortgage payments on the home? Did you have any agreement with her about being compensated for paying the mortgage when she moved out and you moved in? Also, what repairs need to be made?
Customer: replied 1 year ago.

Good afternoon. The decree only states the property be awarded to her and that the property be sold when our son turns 18. All proceeds be distributed in equitable amounts to each party. There was no agreement for me being compensated for taking over the payments. She wants me to retile all the floors. She expects me to spend three thousand dollars with no reimbursement.

Expert:  LegalKnowledge replied 1 year ago.
Matthew, thank you for the additional information. In regard to her request that you make these repairs, you have no legal obligation to do so, unless of course the need for them, was a result of your own actions. If you damaged them, then you need to repair them. If not and she just wanted them retiled in hopes of renting the home out, it would be her responsibility to do so, as she was awarded the home. It is her obligation to maintain the home and if she is going to rent it out and possible profit off of the property until it is sold, she needs to make these repairs. Of course, if you are willing to do this, you can always ask that you be compensated when the home is sold, since your efforts would be increasing the value of the home. Moreover, I can not see how the retiled floors are a necessity for her to rent the home out, unless it effects the ability of the tenant to actually take possession of the subject property. In regard to the issue of your mortgage payments while you resided there, you likely would not be able to be compensated for those, since it was your own decision to move back in, when she moved out. Any agreement to be paid back, would have to have been agreed upon ahead of time.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15795
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer: replied 1 year ago.

The only damage was the master bedroom floor. I agreed to fix it, but she tore up all the floors and insisted I fix them. One more question# The house has been in default a few times with the instability of my work. I've had to refinance once but she signed off on it. She claims I owe her back money for the default. Does she have the right?? We have never had a agreement with anything concerning the house. S

Expert:  LegalKnowledge replied 1 year ago.
How much does she say you owe her and why does she claim this? Did she have to pay any money when you failed to do so?
Customer: replied 1 year ago.

No money came from her in the refinance. I paid the amount to refinance the house. I paid the downpayment. She claims I owe her equity lost.

Expert:  LegalKnowledge replied 1 year ago.
When you refinanced it, did you just obtain a lower interest rate or was money taken out on the home? I am trying to get a better understanding of her claim that she is owed for "equity lost"
Customer: replied 1 year ago.

No money taken out. Just lower interest rate. But we did do a loan modification a few years prior to the refinance. Is something revalent to her "lost equity" claim?

Expert:  LegalKnowledge replied 1 year ago.
The equity in the home depends on the current market conditions and what the home appraises for. For example, while your home may have been worth $400,000 8 years ago and is only worth $300,000 today, that is something which you have no control over. Just because you refinanced, would not result in losing equity. As far as a loan modification, the lender may have taken past due amount and rolled them back into the loan with other fees and costs but that is something which is common and part of the loan modification process, if a home owner wants to retain the home.
Customer: replied 1 year ago.

If the house was behind on the payments when I moved out, am i liable to bring the house current even if she occupies the house now and took over the note?

Expert:  LegalKnowledge replied 1 year ago.
While she was awarded the home, the divorce decree should have stated who is responsible for making the mortgage payments. If she was awarded it, I would assume it would be her, unless she could not afford it. Of course, if you moved in and were suppose to pay and did not and she had to bring the payments current to save the home, you would need to pay it. If she let you stay there, I would assume she said a condition was you having to pay the mortgage each month. If you failed to do so and she had to, you could be liable.

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