I went to the Self Help Center at the courthouse, a workshop that they offered and they advised me not to include it in the dissolution if we had an agreeemnt, and that's exactly what I had with my ex-husband, an informal agreement that either he or I reside in the house, with the understanding that whoever resides in it pays the mortgage. He hasn't followed through with that and he's vacated the property and now has it listed for rent. I'm still legally bound to the property and I don't want to be held liable for anything that may go wrong with renting it out, and I'd like my name removed from that house/mortgage as well.
We are both on the title and loan. There is equity in the home, not much, but it's not underwater.
Thank you very much, I'm so confused and just need some answers at this point.
I'm due to receive the actual payoff amount on the loan today, so I can then compare the payoff amount to the market value of the home. If there is equity in the home, do you foresee a problem with filing a partition suit in my county to sell the home?
If there is no order in regards XX XXXXXXXX in our dissolution paperwork, do I have a right to enter the residence, he has vacated and the mortgage has not been paid this month.
I don't want breaking and entering charges to be pressed against me, as he has threatened me with that. I have not been able to enter the residence since he vacated it last month. If I pay the mortgage, can I live in it?
The agreement between him and I was that whoever reside in it, pay the mortgage because the other person would have to pay rent to live somewhere else. And because he didn't want to leave, and I didn't want the children to go through anything more than they had already been through, I left and found a place of my own to rent. He's resided in the property since December 2011, although, he did not pay the mortgage for months, unbeknowst to me. Then he and I went through a hardship assistance program to bring the mortgage back to current so he, nor the kids would have to leave the house. Even though I haven't resided there since December 2011, do I still have the legal right to be there.
Thank you very much Mr. Simmons, I really appreciate your help. You shed a lot of light in on my situation. This whole process has been very difficult at best without having an attorney to assist. I contacted the local police department in my jurisdiction as well and they told me that I can enter as well, even if I need a locksmith to get in.
Good morning Mr. Simmons. I hope all is well. So, I tried to go over to the house and occupy it and that did not go well. The police got involved and they told me that because I haven't been living there, that I have to go to court to file an order to occupy it or file a partition lawsuit. Is there such an order that I can file in the meantime to occupy it while I'm working on the partition piece? Also, I received a call from the respondent this morning that there is an exparte hearing at the Family Law Courthouse regarding the house. I'm just wondering how that could be if the Family Law Court wouldn't hear me when I brought the house issue to them this week. The dissolution is final and the property was never addressed, is that possible for the Family Law Court to be addressing it now after they told me they couldn't?
Do I go to civil court for the order to grant entry? How could he file a motion regarding the house in family law if property was never addressed in the divorce? When I filed for divorce, property was never included, he didn't respond to any of the paperwork he received, then it went into default, then the judgment for dissolution was entered. I'm confused as to how he would be able to address the house with Family Law and not civilly.
I sent a question this morning, just want to make sure you received it.
How do you start a new thread?
I attended the exparte hearing on Friday, nothing resulted from that and the ex and I have another court date scheduled for August 5th, regarding the house of course. My ex is in no position to refinance the house. He has sent me 2 propositions since the hearing: the first one being that he would like me to do a quick claim deed, in which I immediately responded no to. The second was that he would like me to give him sole control of selling the home and that I get nothing from the sale. A little bit of background, I moved out of the marital home in December 2011, with the understanding that whoever live in it (himself), pay the mortgage. He failed to pay the mortgage for a period of 7 months in 2012 and the house went into foreclosure status. I then worked with him and went through a Hardship Assistance Program to save the home, which resulted in a silent second mortgage of $14,907. I only did this to keep the continuity for the kids. In June 2013, he vacated the property and posted it for rent. I went over to the property last week, with a locksmith, so I could occupy the property, which didn't go well. The police were called and we were both asked to leave until this is handled in court. Is it reasonable for me to ask the judge on August 5th that he order the house to be put up for sale and that the profits be split evenly between the 2 of us. I also wanted to ask the judge that a neutral party be assigned to selling the property.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).