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My wife and I have been divorced for 5 yrs. I found out the…

Customer Question
My wife and I...

My wife and I have been divorced for 5 yrs. I found out the house I left her she is going to walk away from and I found out she never refinanced the loan per the divorce decree within 6 months. Am I liable?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Non as of yet I just found out.

Lawyer's Assistant: Family law varies by state. What state are you in?

Illinois

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have not lived in this house for 5 1/2 years and as mentioned per the signed divorce decree she was to finance within 6 months.

Submitted: 3 months ago.Category: Family Law
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Answered in 8 minutes by:
3/28/2018
Family Lawyer: Sean K, Family Law Attorney replied 3 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 864
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

So the basic answer is that if she is going to walk away from the home and your name is ***** ***** loan, then the loan company will likely out of the gates look to you.

The good news is that you have options. In Illinois there is a process known as a Rule to Show Cause in the family court's where the Court will force someone to comply with a Court order, requiring them to do what they agreed to or were ordered to do. I would immediately contact an attorney and start this process. Timeliness is the main objective here. As well, the attorney can request that your ex be responsible for your attorneys' fees.

It is possible for her to have to reimburse you additional expenses, but there is another theory you could pursue and that would be to ask the Court, despite your divorce decree, given that she did not follow the decree, to let you come in and take over and manage the property, take possession of or even sell it and have control of the proceeds.

The bot***** *****ne is that you want to make sure that you don't sit by and not take some steps. It may be as simple as contacting your ex-wife and saying that if she will execute an agreement assigning her interest in the home to you that you can begin the process. She could do that by a simple Quitclaim deed and a signed document that she is waiving her rights in the divorce decree. If she will not do this, the Rule to Show Cause as soon as possible is your best bet so you can be in the driver's seat when she abandons the property and so you can not have to worry about being liable.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Family Lawyer: Sean K, Family Law Attorney replied 3 months ago

I wanted to reach out and see if there was any additional follow up I could provide. 5 star ratings are always appreciated

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Category: Family Law
Satisfied Customers: 864
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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).

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