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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11772
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex and I were divorced in 2013. In our decree it states

Customer Question

My ex and I were divorced in 2013. In our decree it states that our house was to get refinanced in his name or it was to be placed on the market and sold. After the decree was filed with the court, my ex realized he could not get the house refinanced and after evaluation we would lose a significant amount if our house was to be placed on the market. So, my ex and I decided I would refinance the house (since I was the one who qualified for the VA loan) and he would continue to live there and make the mortgage payments. We agreed that when he decided to move, we would jointly decide to either rent the house or sell it and we would split all debts/profits evenly. We put this agreement in writing in 2014 (about 8 months after the finalization of divorce decree).
Last month, my ex decided to move out. We agreed to put the house up for rent via a property manager since the house still isn't worth how much we owe on it. After this conversation a month ago, my ex is no longer answering calls or messages. He has completely vanished with the keys and I have no idea if anyone is in the house or not because I now live in KS and the house is in AZ. The property manager who is waiting for the keys to list has been unable to reach him as well.
What are my options? Is this a family court case since it involves property that was mentioned in our decree OR is it a civil case since we made a different agreement than what was in the decree nearly 8 months later?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is your name still on the deed?