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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello. I am in a situation where my husband and I were divorced.

Customer Question

Hello. I am in a situation where my husband and I were divorced. He moved from our 81 acres of land and left me in charge of it. He pays the mortgage on the home that we lived in. The mobile home is in both of our names and half of the land is supposed to be signed over to me when the trailer is paid off. Now, in three years, I understand that he has intentions of kicking me off the land. We were divorced due to him having an affair with my sister, producing children. I have also had to put up with years of harassment from her. It has been twenty years since I have been living and surviving on this land. I want to try to fight for my half of this land and the trailer. I am looking for any advise that I can possible find. Please help me.
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you. I'm sorry to hear about your legal troubles.

I've got a couple of questions about your situation:

(1) You say that half the land is supposed to be signed over to you when the trailer is paid off. Is that pursuant to a court order? Was it in the settlement agreement? How is it that you are owed half the land? And shall I assume that it is currently fully in your ex's name?

(2) You say that your ex has intentions of kicking you off the land. How does he intend to do that? How does he intend to get around whatever agreement you two have?

Thank you.
Customer: replied 3 years ago.
It was in an agreement that the 40 acres that are tied in with the mobile home mortgage was to be turned over to me. The land is in his name only but the mobile home is in both.
His intentions are to pay off the mortgage and then sign over his part of the trailer to me and force me to move the trailer somewhere else. It was a verbal agreement that he would keep me here but now, my sister, his current wife is pushing him to kick me off the land
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

So there is no court order that grants you half the land? And your agreement with your ex was just oral and not written down somewhere?
Customer: replied 3 years ago.
Yes, that is correct
Expert:  TJ, Esq. replied 3 years ago.
Hello again.

I'm sorry to say that it does not sound like you stand much of a chance of being awarded half of the land if this were to develop into a lawsuit. There are several problems with your case: First, you don't have a court order. Second, transactions that involve land must generally be in writing to be enforceable. Because of that, I don't see that you have a case against your ex for the land.

I'm really sorry, but I don't think that I'll be able to provide you with a useful answer. I will open your question for other attorneys to review. Thank you for using our service.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. A different professional here. While I tend to agree with the other professional, I would like to explore a few options if I may.

When were you divoced and how long ago? What is in your divorce decree, what did you receive upon divorce? Please advise.
Customer: replied 3 years ago.
We divorced was in Ga, and we living SC , and we divorced in 2002 but we still living the home like we never divorced and doing the tax alway to 2005 and claim. My sister and her children ,and my ex husband daughter I been in depression .
Expert:  Dimitry K., Esq. replied 3 years ago.
I can understand that, but what if anything did the divorce agreement state about the asset separation?
Customer: replied 3 years ago.
He said to me the do not tell the lawyer. About any property because will be to. much money will make us lose everything and I found the we this fraud
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

That really does not help your case. Is there anything in writing, email, chat, text, IM, anything where he made this promise that you can point to, or you have nothing like that available?
Customer: replied 3 years ago.
No thank you for you help
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

I apologize, I truly do, but I see no legal basis for you to claim the land as yours. There is nothing in writing, no transfer paperwork, and no legitimate claim made. If anything existed, even some semblance of proof, it could be fought, but simply claiming that an oral agreement existed, something that is not enforceable with land contracts, and no outside witnesses, I do not see it actionable. If he wishes to fight you on this, he would very likely prevail.

Please be well.