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can i move back in my old house??

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maria.maria2313

Junior Member
What is the name of your state (only U.S. law)? ..washington

in our divorce my ex was awarded the house because he was still living there paying mortgage.....it is to be sold in 5 yrs, with equity to be split between us two......my question is can i move back in if my name is still on the lease??
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? ..washington

in our divorce my ex was awarded the house because he was still living there paying mortgage.....it is to be sold in 5 yrs, with equity to be split between us two......my question is can i move back in if my name is still on the lease??
Lease or mortgage? Which is it? Do you mean "deed"?
 

mistoffolees

Senior Member
If the house was awarded to him then you cannot move back in without his permission and invitation.
Or a court order. But there would need to be some major change in circumstances or facts which are not listed here for that to be even a remote possibility.
 

nextwife

Senior Member
Or a court order. But there would need to be some major change in circumstances or facts which are not listed here for that to be even a remote possibility.
If he has abandoned the home, she may be able to seek a court order for possession. Surely not if he resides there.

Possibly if he defaulted on the mortgage, although, as one who deal with foreclosures, I've often seen judges disregard defaults on agreements to make payments and allow the non paying resident drive the house into foreclosure, instead of letting the spouse who could and would complete the repairs and make the payments, reside there.
 
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