SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Question about property after divorce
Page 1 2 3 
Go
New
Find
Notify
Tools
Reply
  
Question about property after divorce Login/Join 
Dean of Law
Picture of heavyd
posted Hide Post
quote:
Originally posted by sdf:
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. Confused


She's screwed. I wouldn't lose any more sleep over it.


H. Dean Phillips
$99 Gun Trusts
https://nfalawyers.com
 
Posts: 6614 | Location: Georgia | Registered: December 02, 2005Reply With QuoteReport This Post
Savor the limelight
posted Hide Post
Give her the $15,000; but deduct her half of the mortgage payments and maintenance expenses that have been made since the divorce. If that number winds up being negative, tell her that's what she owes you.

Lawyer or not, no one here knows what a judge is going to do. Your decree maybe poorly written and not clear as to what the intent of who gets the house, but her actions seem to make it clear to my IANAL self. She moved out, she paid nothing on the mortgage her name was on, she paid nothing to maintain the house. As stipulated in your decree when you refinanced, she was removed from the loan and is no longer an owner of record. All of that adds up to you both intended for you to have the house at the time of divorce, but couldn't because of the negative equity.

If that's not the case and you were equal owners, then you should pay her her half of the equity and she should pay you her half of the mortgage payments and maintenance expenses for the house.

Either way, I you're fine. Of course this is just my worthless opinion and only a judge can provide the answers.

The reality is, how much does your ex want to spend to get a judge to look at this? If she isn't willing or able to go to court, then nothing she says or does beforehand really means anything and you can tell her to pound sand. Personally, I wouldn't do anything or spend any money until she actually sues you.

This message has been edited. Last edited by: trapper189,
 
Posts: 10821 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
Nosce te ipsum
Picture of Woodman
posted Hide Post
quote:
Originally posted by sdf:
It says (in her writing)...

"The house is considered a zero asset due to negative equity.
We filled out the paperwork, submitted it, and a judge signed it. Confused


Geez, try as I might, there seems to be no mention of dividing an asset which may appreciate due to market conditions or reduction of mortgage.

I'm no lawyer, but at the time of the judge's signature, it was, in her words, a zero asset. She refused half of a zero asset at the time the judge signed. Doubt she's have a chance now.

I'd 1] ask the judge's clerk 2] consult a lawyer 3] not consult a lawyer and let her file (a bluff).

In my Big-D, the paperwork said practically nothing about property settlement. I kept my premaritally purchased house and my truck, she kept her car, the cat, and all liquid assets.

Damn nice cat I lost in the settlement. I do not pay the ex- any support but still provide food and litter to the cat.

quote:
Originally posted by trapper189:
Give her the $15,000; but deduct her half of the mortgage payments and maintenance expenses that have been made since the divorce. If that number winds up being negative, tell her that's what she owes you.


She owe money ... People can say lots of stuff but when the judge signs, it's decided.
 
Posts: 8759 | Registered: March 24, 2004Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by Mars_Attacks:
Mine DID get the house and all equity, PLUS my retirement.

She promptly took the cash, causing a 25% penalty on top of taxes owed and showing as income to her.

In the end there was $16,000 in taxes owed by HER on raping my retirement that she nor I could pay.

The IRS promptly put a lien on the house and when she sold it, took 100% of the equity.

I have the letter of lien satisfaction framed on my wall.

Ouch!
 
Posts: 4546 | Location: Where ever Uncle Sam Sends Me | Registered: March 05, 2007Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2 3  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Question about property after divorce

© SIGforum 2024