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  1. #1
    ZmansGirl09 is offline Member
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    Spent Insurance Money

    What is the name of your state (only U.S. law)? New Mexico

    Several years ago, hail did damage to the roof and the insurance company paid us. My ex spent the money on other things and did not repair the roof (with my consent -- we were married at the time).

    We were separated for two years before the divorce became final.

    Now we are divorced and the house is for sale. He says its not selling "because of the roof," and wants me to pay for half of the repair cost. The roof is still completely structurally sound. And of course, the repair cost is now substantially higher than it was 6 years ago.

    In the Seller's Disclosure, page 2, Item 11, "Has there been any minor damage that occurred to the property or any structure on the property?" He marked "NO."

    Page 4, Item 5, "Has the roof ever leaked when you owned the property?" He marked "NO."

    However, on Page 7, Item 25, "Has any insurance claim been made on the property in the last 5 years?" He marked "DON'T KNOW," then explained, "Claim on roof for hail damage 5+ year ago. No visual damage or leaks."

    I understand his perspective and he understands mine, so obviously we haven't decided.

    Before I agree to this, I just want to know if I actually have a choice or if this is something he can legally make me do.
    Last edited by ZmansGirl09; 05-09-2010 at 10:51 AM.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by ZmansGirl09 View Post
    I just want to know if I actually have a choice or if this is something he can legally make me do.
    There is NO legal obligation for your to do anything...
  3. #3
    nextwife is offline Senior Member
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    Quote Originally Posted by JETX View Post
    There is NO legal obligation for your to do anything...
    Their mortgage documents MAY legally require them to maintain the house in a certain condition, and, if the lender "signed off" on the insurance check, there may have been an agreement to repair the damage. Failing to use the funds toward the repairs could have violated the mortgage/lender agreement.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by ZmansGirl09 View Post
    What is the name of your state (only U.S. law)? New Mexico

    Several years ago, hail did damage to the roof and the insurance company paid us. My ex spent the money on other things and did not repair the roof (with my consent -- we were married at the time).

    We were separated for two years before the divorce became final.

    Now we are divorced and the house is for sale. He says its not selling "because of the roof," and wants me to pay for half of the repair cost. The roof is still completely structurally sound. And of course, the repair cost is now substantially higher than it was 6 years ago.

    In the Seller's Disclosure, page 2, Item 11, "Has there been any minor damage that occurred to the property or any structure on the property?" He marked "NO."

    Page 4, Item 5, "Has the roof ever leaked when you owned the property?" He marked "NO."

    However, on Page 7, Item 25, "Has any insurance claim been made on the property in the last 5 years?" He marked "DON'T KNOW," then explained, "Claim on roof for hail damage 5+ year ago. No visual damage or leaks."

    I understand his perspective and he understands mine, so obviously we haven't decided.

    Before I agree to this, I just want to know if I actually have a choice or if this is something he can legally make me do.
    **A: do you still hold title to the property or have any interest in the property?
  5. #5
    ZmansGirl09 is offline Member
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    My name is on the mortgage, yes.
  6. #6
    HomeGuru is offline Senior Member
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    Quote Originally Posted by ZmansGirl09 View Post
    My name is on the mortgage, yes.
    **A: that response did not answer my question. Try again.
  7. #7
    ZmansGirl09 is offline Member
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    Hmmm, apparently I was supposed to do research to answer your question? I looked up "interest in property" and "hold title to property."

    New Mexico is a community property state: Community Property: only in states that recognize community property, a special form of joint tenancy between husband and wife, each owning one-half.

    The "Community Property" acquired by either or both spouses during the marriage, which is not separate property, is divisible upon the termination of the marriage. (New Mexico Statutes - Article 4 - Sections: 40-3-8, 40-4-7)

    As to title, its my understanding that the leinholder holds the title until the mortgage is paid in full. In this case, the mortgage is not yet paid in full. Therefore I do not hold the title. I am, however, responsible for paying the mortgage should something happen to the a**hole who is currently living in the house.

    If this doesn't answer your question, I would appreciate your wording it in a way I know what I'm supposed to research so that I can answer. I quite enjoy learning and looking things up if I have something specific to start with.... Its when you don't know what you don't know that gets you into trouble and I'm trying hard to find out what I don't know, and reverse it!
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by ZmansGirl09 View Post
    Hmmm, apparently I was supposed to do research to answer your question? I looked up "interest in property" and "hold title to property."

    New Mexico is a community property state: Community Property: only in states that recognize community property, a special form of joint tenancy between husband and wife, each owning one-half.

    The "Community Property" acquired by either or both spouses during the marriage, which is not separate property, is divisible upon the termination of the marriage. (New Mexico Statutes - Article 4 - Sections: 40-3-8, 40-4-7)

    As to title, its my understanding that the leinholder holds the title until the mortgage is paid in full. In this case, the mortgage is not yet paid in full. Therefore I do not hold the title. I am, however, responsible for paying the mortgage should something happen to the a**hole who is currently living in the house.

    If this doesn't answer your question, I would appreciate your wording it in a way I know what I'm supposed to research so that I can answer. I quite enjoy learning and looking things up if I have something specific to start with.... Its when you don't know what you don't know that gets you into trouble and I'm trying hard to find out what I don't know, and reverse it!
    **A: ok, let's try again. Whose names are on the deed? Meaning is your and your ex husbands names on the deed to the property.
  9. #9
    ZmansGirl09 is offline Member
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    Quote Originally Posted by HomeGuru View Post
    **A: ok, let's try again. Whose names are on the deed? Meaning is your and your ex husbands names on the deed to the property.
    Yes.... both our names are on the deed.
  10. #10
    HomeGuru is offline Senior Member
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    Quote Originally Posted by ZmansGirl09 View Post
    Yes.... both our names are on the deed.
    **A: then you need to amend the disclosure statement to provide the correct facts. And yes, you need to pay your share.
  11. #11
    realstateguru is offline Junior Member
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    Car insurance can be expensive these days. Especially when families are already strapped for cash, the last thing that anyone wants to worry about is having more costs piled on.
  12. #12
    nextwife is offline Senior Member
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    Quote Originally Posted by realstateguru View Post
    Car insurance can be expensive these days. Especially when families are already strapped for cash, the last thing that anyone wants to worry about is having more costs piled on.
    In what way is how expensive CAR insurance can be related to this thread about home repairs?
  13. #13
    HomeGuru is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    In what way is how expensive CAR insurance can be related to this thread about home repairs?
    **A: be aware, the nut posted.
  14. #14
    JETX is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: be aware, the nut posted.
    Isn't it a shame what this forum has degenerated into???
  15. #15
    HomeGuru is offline Senior Member
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    Quote Originally Posted by JETX View Post
    Isn't it a shame what this forum has degenerated into???
    **A: yes a freakin crying shame.

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