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Dean of Law |
She's screwed. I wouldn't lose any more sleep over it. | |||
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Savor the limelight |
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, | |||
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Nosce te ipsum |
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.
She owe money ... People can say lots of stuff but when the judge signs, it's decided. | |||
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Member |
Ouch! | |||
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