Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My Son & his first wife divorced 6 or 7 years ago. In the divorce

Customer Question
agreement their mobile home &...
My Son & his first wife divorced 6 or 7 years ago. In the divorce agreement their mobile home & property & the responsibility for the mortgage payment was given to his es-wife. Their was no alimony awarded & my son is current on his child support. Both have since remarried. He just found out that she is 11 months behind on the mortgage payment & is also behind on property taxes. Somehow his name was not removed from the mortgage which now has 4 names: My Son, his ex-wife, her new husband and a Jane Doe. My new daughter-in-law of almost 3 years is frantic that the Jane Doe may be her & they are both afraid that the house they have together (which she had prior to their marriage and other property may be in jeopardy. Please advise.
Submitted: 5 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
5/1/2012
Family Lawyer: JackJD, Lawyer replied 5 years ago
JackJD
JackJD, Lawyer
Category: Family Law
Satisfied Customers: 535
Experience: I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
Verified

JackJD :

Oh gosh, the bad news first: since the mortgage company was not a party to the divorce, it can still hold your son responsible for the mortgage payments.

JackJD :

The good news is, he can still go after the ex-wife for breaching her obligation in the divorce decree to pay the mortgage. This is call a motion for contempt.

JackJD :

I don't have enough information to know what the 'Jane Doe' now on the mortgage means; but it's probably not your new daughter-in-law, as she didn't sign anything.

JackJD :

My suggestion is, step one, your son to contact the mortgage company, explain the situation to them, and try to reach a deal with them. This may avoid the arrearages getting onto his credit report. Also, he should check to find out the deadlines on the property tax.

JackJD :

The new house is not in jeopardy, until the mortgage company gets so in arrears that it decides to sue your son and attach his current house. That's probably some time away.

JackJD :

Do these answers raise any questions for me?

Customer:

Thanks. Does it make a difference that as part of the divorce my son signed a quitclaim deed? he said that so far all that has resulted is that his name was removed from the land, but not the mobile home.

JackJD :

No, that doesn't help.

Customer:

He spoke with the mortgage company yesterday and they said that the only way his name can be removed from the mortgage is if the account is paid up to date. He's not in a positions to do that.

JackJD :

That was a good move. Creditors always are more comfortable hearing from people than not hearing from people. In other words, being pro-active helps. Have him look into a motion for contempt.

Customer:

Ok. I will pass that on. Is there a possility that if he files a motion for contempt the court may release him from obligation to the mortgage company? He

Customer:

He now lives in a different county, of the same state than the property in question so would he need to file the motion in the county of the property, or can he file in his county?

JackJD :

More bad news, the only way to get 'off the mortgage' is for (1) the mortgage company lets him off or (2) the ex refinances in her name alone. In this economy, neither one is very likely. If she had the money, she'd probably pay the mortgage. Once he gets her back into court, he can try to get her to surrender the trailer to him. (That's pretty messy.) The easiest is to go back to the county where the divorce took place; but cases can be transferred to another county.

Customer:

She asked him if he wants to take over the trailer. He doesn't want to do that, nor can he afford to. Would it be a good move, once the motion is filed, for him to send a copy of the motion to the mortgage company so they'll be aware that he is trying to resolve it.

JackJD :

Yes, anything that he does to keep the mortgage company in the know, helps.

JackJD :

Did he use a lawyer in the original divorce?

Customer:

He did'

JackJD :

Your son should have been advised at that time, that he was at risk that the ex would not pay the mortgage and he would still be on the hook.

Customer:

He wasn't. He had no idea until this weekend that he was still on the mortgage.

JackJD :

So, maybe going back to his lawyer for an explanation and some help, might be in order.

Customer:

I think so. Thank you for your help.

JackJD :

You're welcome. Please come to Just Answer again if you need more. Don't forget to click the 'Accept' button.

JackJD
JackJD, Lawyer
Category: Family Law
Satisfied Customers: 535
Experience: I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
Verified
JackJD and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask JackJD Your Own Question
JackJD
JackJD
JackJD, Lawyer
Category: Family Law
Satisfied Customers: 535
535 Satisfied Customers
Experience: I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.

JackJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
My ex will not pay alimony. He paid until child support was
My ex will not pay alimony. He paid until child support was done and now he owes alimony for one more year, how can I get it? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Divorce, and wife asking for $850 in alimony in settlement
Divorce, and wife asking for $850 in alimony in settlement draft. She is working, in great mind and physical health. She makes 42k while I make 67k as a teacher. This is on top of $820 for child suppo… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I have gone to Child Support Services. My divorce was
I have gone to Child Support Services. My divorce was finalized on July 11, 2017. I can claim arrears from August 1,2017 because my ex has not complied with the order. I agreed for my ex to pay half t… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex defaulted on child support under our divorce agreement
My ex defaulted on child support under our divorce agreement when our child came to live with me from his grandma. The court wrote him and he went for a lawyer who wrote to me with arrangement of visi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I will be divorced next week on the 20th with a alimony
I will be divorced next week on the 20th with a alimony agreement incorporated into the divorce decree. My spouse and I agreed of the terms of the agreement. It is to paid indefinitely because I am di… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Do I claim child support from previous marriage on my new
Greetings, Do I claim child support from previous marriage on my new separation papers to my current spouse? … read more
socrateaser
socrateaser
1,031 satisfied customers
I want to dismiss divorce because child support cannot be
Hello. I want to dismiss divorce because child support cannot be agreed upon and I would like court to determine and establish child support before finalizing divorce. Am i only required to file the p… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
In a divorce case, in reference to child support, what does
In a divorce case, in reference to child support, what does pro rata share mean? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
My exhusb. is trying to cancel out alimony and child support
my exhusb. is trying to cancel out alimony and child support in CT can that happen just becausee he asked … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am divorced. 3 kids from that marriage on child support
I am divorced. 3 kids from that marriage on child support under New York law, now getting divorced a 2nd time, 2 kids this time. Does my obligation to the first 3 have preference in the calculation of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x