judyjustice
Junior Member
What is the name of your state?
Arizona...
I divorced 3 years ago, by Divorce Decree property was awarded to me ( with 1st and 2nd mtg) but because my ex-husband did not qualify for anything except assumption of the loans and taking in consideration we have share custody and my kids need a place to go besides the nightmare I was living with him refusing to leave the house and find out he put a restrainer order against me in my property, I decide to give up and start over. We made a verbal agreement he will be responsable for 1st and 2nd mortgage ( that was use to improve the house), stove, refrigerator, micro, tvs, etc awarded also to me and he refuse to let me take those items, I was agreed to leave everything with the condition I will not owe anything to him or viceversa.
He took over the 1st and continuos paying the line of credit use for improvements, of course he keeps the house and the equity.
He suit me for a brech of contract, requesting me to payoff the 2nd mtg. I went to family court and they ruled that was not evidence to change the divorce decree and force me to pay only a portion w/out having the house, but now is going to civil court for a breach a contract.
When I quited claim after divorce I was very clear to transfer the property for $ 10.00 and other valuable considerantion, the property was registered under exception code B-1 - that release me for any obligation against property, but looks is not enough. I have evidence he was the only one using the line of credit, I have evidence taht after court awarded the house to me because he put a restrainer order and he did not have any place to go, I was the one that was requested to move until the problem was solved.
What else I need to do? What a judge in a Civil Court would be taking in consideration? the decision for family court will be taking in consideration?
I rec'd the summon and I am in the process to respond the answer, but I need advice to be sure I am going in the right direction. I did not breach a contract, because is not such of thing, and in other hand he is making false staments about the situation. Somebody can help and advice?
Thanks
Arizona...
I divorced 3 years ago, by Divorce Decree property was awarded to me ( with 1st and 2nd mtg) but because my ex-husband did not qualify for anything except assumption of the loans and taking in consideration we have share custody and my kids need a place to go besides the nightmare I was living with him refusing to leave the house and find out he put a restrainer order against me in my property, I decide to give up and start over. We made a verbal agreement he will be responsable for 1st and 2nd mortgage ( that was use to improve the house), stove, refrigerator, micro, tvs, etc awarded also to me and he refuse to let me take those items, I was agreed to leave everything with the condition I will not owe anything to him or viceversa.
He took over the 1st and continuos paying the line of credit use for improvements, of course he keeps the house and the equity.
He suit me for a brech of contract, requesting me to payoff the 2nd mtg. I went to family court and they ruled that was not evidence to change the divorce decree and force me to pay only a portion w/out having the house, but now is going to civil court for a breach a contract.
When I quited claim after divorce I was very clear to transfer the property for $ 10.00 and other valuable considerantion, the property was registered under exception code B-1 - that release me for any obligation against property, but looks is not enough. I have evidence he was the only one using the line of credit, I have evidence taht after court awarded the house to me because he put a restrainer order and he did not have any place to go, I was the one that was requested to move until the problem was solved.
What else I need to do? What a judge in a Civil Court would be taking in consideration? the decision for family court will be taking in consideration?
I rec'd the summon and I am in the process to respond the answer, but I need advice to be sure I am going in the right direction. I did not breach a contract, because is not such of thing, and in other hand he is making false staments about the situation. Somebody can help and advice?
Thanks