I'm aware that anything said on here is not actual legal advice.

That being said- I'll list the facts to keep this simple.

- the house I live in was purchased in 2005 my me and my ex.

- the down payment was $48,000. Most of that came from the sale of my ex's condo. So it was her money.

- she walked from the house and family in 2012 and also expected that I would have to walk away. I didn't.

- house was underwater when we divorced- by quite a bit.

- divorce paperwork states that both names would remain on the loan until I qualified to refi the house in just my name. In the meantime, I would make all payments on the home while I live here with my daughters.

- I just refi-ed.

- she signed the refi papers removing herself from the loan.

- she now want half the equity in the home (difference between the appraisal # and what we owed on the home at the time of the appraisal.

- says if she takes me to court a judge will make me sell the home and give her half the equity (which is only 15k to her.)

- she left under very shameful circumstances. But I don't think a judge would care about that.

so.... Did she sign her rights to $ away when she signed herself off the loan OR does she have a case since the down payment was hers?

Any thoughts appreciated. Pretty sure I'll have to lawyer up regardless, but I forgot just how diverse this forum is. So I figured I'd ask.

Did you have her removed from the deed?

First, get a lawyer. I don't know how the laws are in Nevada but in Fl. assets are split equally no matter who did what-no fault state. At least that was my case. Good luck.

Yes. She signed herself off the deed a few days ago.

But.. we divorced years ago.

The part that kills me...

Let's say she is correct. Assume a judge would force me to sell.

She's willing to displace her daughters from the only home they've ever known to make $15,000.

[You need a NV lawyer to answer these questions. Divorces vary by state, some are fault, some are no-fault, which speaks to your shameful separation condition].

But, if you've refinanced the home and have been making payments on it, and she is not on the deed or the current loan, what basis does she have to claim equity?

Does your judgment say anything about asset division being final?

The sooner you talk to a qualified NV family attorney the sooner your mind can be put at rest.

It sounds like BS to me:

1) She's not qualified to say what a judge would do unless she herself is a family law attorney, and maybe not even then.

2) If she's been talking to an attorney, why isn't the attorney the one who's threatening you?

3) A judge is unlikely to make you sell the property with no alternatives. At worst, it's much more likely that a court would just make you get a loan and pay 15k in cash. Courts don't like managing sales of real property when the equity is just an issue of money.

4) How is she calculating 15k?

quote:

Originally posted by sdf:
The part that kills me...

Let's say she is correct. Assume a judge would force me to sell.

She's willing to displace her daughters from the only home they've ever known to make $15,000.

If the house was underwater when you divorced than no she probably won't be entitled to any money. However, if she did put most of the $48k down, I would personally probably give her the $15k as it does effect what you currently owe and how much equity you currently have. Anyways, I doubt a judge would award her anything as when you got divorced is what counts. That being said, if a judge did award her $15k, it would go as a judgement against the house but you shouldn't be forced to sell it. You could pay it in payments etc.

quote:

Originally posted by sdf:
Yes. She signed herself off the deed a few days ago.

But.. we divorced years ago.

First, are you factoring in the 6% sales commission for selling the home? If not, are you still $30K up? If you aren't then threaten to sell the house and take her to court to have her pay half of what is due at closing.

Second what does the divorce decree say?

Third, tell her to fuck off and see you in court. I can't imagine any judge that would make you sell the house, I would think they would try to get you guys to settle first.

Fourth, were you underwater still at divorce?

quote:

Does your judgment say anything about asset division being final?

All I know is what our divorce papers say- which is we both stay on the loan until I qualify. And now I do so I refied and she signed.

I have no problem giving her 15k when I sell the house years down the road. I DO have a problem signing a piece of paper stating that because I have no way of knowing what sort of money I will receive if and when I sell the house. What if something weird happens and I have to short sale? What if I sell and the market is crap and I only net 23k? Know what I mean?

quote:

Originally posted by sdf:

quote:

Does your judgment say anything about asset division being final?

All I know is what our divorce papers say- which is we both stay on the loan until I qualify. And now I do so I refied and she signed.

My decree has a line in it that basically says "everything's final once you sign on the line."

A year after it was all done, I found a couple things that were my ex's, little to no monetary value, but I thought I'd do the right thing an return them (high school choir certificate, etc). Legally, everything in our possession at time of entry of the decree was ours and we each gave up the right to contest title. I returned them to her through her parents, but legally, I didn't have to. That's why I'm asking about your decree.

I'd get to a lawyer as soon as possible. Sounds like this is really bothering you and it would be worth talking to one. Especially if she keeps coming at you. She might back off if she knows you're talking to the real thing.

Money makes people do really weird things. And at almost 42, I'm embarrassed to admit that I'm STILL learning just how spiteful people you cared for can be. Sadly, it's a lesson I'm sure many on this forum learned long ago.

It just seems to me- she made horrible choiceS and walked away from the responsibilities of owning a home. Now she seems to have legally removed herself from those responsibilities. But... she wants the benefits of once having her name on the loan.

She was willing to walk out on everything when we were underwater. But I saw it as an opportunity and rode it out by staying (I am a teacher. $1823 a month isn't easy.) Now she wants money.

quote:

Originally posted by sdf:
Yes. She signed herself off the deed a few days ago.

But.. we divorced years ago.

sounds like she is having buyers remorse. Sorry she already signed the papers so it is probably to late for any demands.

Spend 2 or 3 hundred and and get a consultation from a good attorney. But if she has signed the papers I would say it is too late for her.

It depends on what your settlement agreement or divorce decree says. Generally, if you were provided an opportunity to refi then the house is yours. You'll have to check out the papers.

quote:

Originally posted by sdf:

quote:

Does your judgment say anything about asset division being final?

All I know is what our divorce papers say- which is we both stay on the loan until I qualify. And now I do so I refied and she signed.

...

It doesn't seem that the only thing your divorce papers say is that you both stay on the loan until you qualify. Do they not say anything about property division? Who got what assets, what debts, at the time of the divorce?

Divorce law and property settlements vary by state, and certainly is different than in my good old Louisiana. But it's hard to imagine that there wasn't some property settlement negotiated or decreed at the time of, or subsequent to, your divorce.

It would make more sense if it said that you got the house, but she had to stay on the mortgage until you qualified to refinance. I would suggest looking over all of your divorce paperwork, and if necessary talk to the attorney who handled your divorce. I just can't imagine that each of your rights and responsibilities following the divorce wasn't discussed in detail at the time.

quote:

All I know is what our divorce papers say- which is we both stay on the loan until I qualify. And now I do so I refied and she signed.

quote:

get a consultation from a good attorney. But if she has signed the papers I would say it is too late for her.

Do you have a decent relationship with the attorney who handled the divorce?
Unless you have a reason not to talk with him/her that would probably be the place to start.
It sounds like there was NO EQUITY at the time of the divorce. If it's final, she would have no future claim to any equity you have built up since the divorce was final.
But the divorce decree itself should spell this out. Talk to your lawyer about it.

quote:

Originally posted by heavyd:
It depends on what your settlement agreement or divorce decree says. Generally, if you were provided an opportunity to refi then the house is yours. You'll have to check out the papers.

How is it that you're still practicing law and I'm not, yet you were so much more succinct than I. Brevity is not a characteristic usually associated with attorneys.

LOL
Seems like all 3 of us were typing pretty much the same thing at the same time.
heavyd wins the succinct award.

quote:

Originally posted by honestlou:

quote:

Originally posted by heavyd:
It depends on what your settlement agreement or divorce decree says. Generally, if you were provided an opportunity to refi then the house is yours. You'll have to check out the papers.

How is it that you're still practicing law and I'm not, yet you were so much more succinct than I. Brevity is not a characteristic usually associated with attorneys.

Hahahaha

It says (in her writing)...

"The house is considered a zero asset due to negative equity. Wife will keep her name on the mortgage and title, but husband will pay mortgage/HOA dues and reside at property. Wife will remain on mortgage/title until husband can qualify for the home on his own."

I qualified, I signed refi papers, and she signed off the deed.

We did not use lawyers. She simply wanted to "live her own life."

We filled out the paperwork, submitted it, and a judge signed it.

Seems to me like that train left the station back when the final papers were signed.

I don't see how she's in a position to deman anything. Hopefully at this point she's on the hook for her own attorney fees, should she decide to go that route.

The courts are so often set up in favor of the women in divorce. I wouldn't be inclined to do much of anything, all the more so if she left under unsavory circumstances.