Ex-wife wants everything new wife has!

[drd333]

Arizona

My daughter and her husband have been married for all most 2 years. When her husband divorced his former wife he gave her the home in the divorce settelment. When she was unable to pay the mortgage, she moved out and he moved back in and took over the mortgage payments, taxes and insurance, in order to avoid a forclosure on the home. This was three years ago. Before the divorce they had also filed for BK. When they divorced he continued to pay the BK in order to pay it off. She never helped with her portion of it. My daughter and him were unable to refi due too his past BK, so they remained in the home and continued to make the mortgage payments. They were told that was the only way to remove her from the mortgage was to refi. .

My daughter and her husband are now needing to sell the home in order to move closer too the city due to work. The ex-wife is demanding half of the proceeds from the sale of the home. A home in which she has had nothing to do with for over three years. In the sale of the home they are supposed to pay off the balance of the BK that she was included in. .

What can they do, what are thier options? Please help!

 

[nextwife]

Is she still on title?

 

[Shay-Pari'e]

IMO the X wife deserves half of the proceeds of the house, or a portion anyway's.

 

[drd333]

nextwife - She is still on the title, unfortunately! They could not get it refinanced because my daughter had no credit(only 18) and he had the past BK that is not yet paid off. !




Shay-Pari'e - You must be a money grubbing ex-wife. How could you say that. This woman walked away owing nothing. She is remarried herself and my daughter and her husband have a new baby. This woman took all of the money he made before they got divorced and spent it on herself, that is why they claimed for a BK. She put them in the hole when he thought she was paying the bills!

 

[Shay-Pari'e]

nextwife - She is still on the title, unfortunately! They could not get it refinanced because my daughter had no credit(only 18) and he had the past BK that is not yet paid off. !




Shay-Pari'e - You must be a money grubbing ex-wife. How could you say that. This woman walked away owing nothing. She is remarried herself and my daughter and her husband have a new baby. This woman took all of the money he made before they got divorced and spent it on herself, that is why they claimed for a BK. She put them in the hole when he thought she was paying the bills!

I am not a money grubbing anything, and I am happily married. You don't know anything of this guy's X, other than what you hear. She lived in that home and owned that home, your daughter doesn't deserve a penny out of that home.

You sound really vendictive towards X's, in any event, you got your answer. The X will get a piece of the pie, swollow that slowly as the truth hurts.

 

[Silverplum]

Shay-Pari'e - You must be a money grubbing ex-wife. How could you say that. This woman walked away owing nothing. She is remarried herself and my daughter and her husband have a new baby. This woman took all of the money he made before they got divorced and spent it on herself, that is why they claimed for a BK. She put them in the hole when he thought she was paying the bills!

What are you, twelve years old?? When you don't get an answer you like, on a LEGAL board, you have a hissy fit. Good grief.

Nobody is here to coddle you and tell you that babygirl will be fine. You're going to get LEGAL INFO. If you want snuggy-luv, go elsewhere. If you want legal info, take what you get.

 

[drd333]

Shay-Pari'e

No I am not vendictive towards ex's. And yes I do know her! I am asking for legal advice not personal opinions.

My daughter has kept the home and helped pay for the home. If he would have walked away then he would have a forclosure on his credit as well as the BK. If he can avoid that then he will walk away now and leave her (the ex) to deal with the mess. Especially since she was given the house in the divorce any how. And he has now, I just learned paid her entire portion of the BK as well as his own. They-meaning my daughter and her husband- have one payment left on the 100,000 BK that she paid nothing on!

I need to know if with this documentation of everything that has happened, is it possible to sue the ex! Or at least use it as leverage to get her to sign the papers!

 

[Shay-Pari'e]

(QUOTE)When her husband divorced his former wife he gave her the home in the divorce settelment.(QUOTE)

Hmm, this makes it even more interesting. So he moves back in, I wonder if that was filed in the courts.

Baby girl may be more out of luck than I was thinking.

 

[Just Blue]

Shay-Pari'e

No I am not vendictive towards ex's. And yes I do know her! I am asking for legal advice not personal opinions.

My daughter has kept the home and helped pay for the home. If he would have walked away then he would have a forclosure on his credit as well as the BK. If he can avoid that then he will walk away now and leave her (the ex) to deal with the mess. Especially since she was given the house in the divorce any how. And he has now, I just learned paid her entire portion of the BK as well as his own. They-meaning my daughter and her husband- have one payment left on the 100,000 BK that she paid nothing on!

I need to know if with this documentation of everything that has happened, is it possible to sue the ex! Or at least use it as leverage to get her to sign the papers!

Every penny your daughter paid towards this is a gift! A very nice gift! It gives her no rights to the property!

 

[Shay-Pari'e]

Tell your son in law to come here and ask his own questions, he is the one with the facts.

 

[drd333]

Ex wife wants everything new wife has!

Yes he has lived in the home for over three years and the ex has had no dealings with any portion of the home.

Since she was awarded the home in the divorce, if they move out and it is forclosed on, will he be responsible since he is not supposed to own the home?

My daughter has suggested taking all of the supporting documentation to the ex-wife and offering her $2000 to sign the paper work, or they will sue her for her portion of the BK and the fees they have paid to date on the home?

Shay-Pari'e - I appologize for getting frustrated. I thought you were just someone making thier opinion know. I find that is very common on Q&A boards.

Thank you all for your feedback and assistance!

 

[drd333]

Unfortunately he does not have access to a computer. I told him I would see if I could get some advice on line for him. After all they are a young married couple and sometimes a little help is nice!

I didnt think it mattered who was asking the questions.

The only thing that matters is that someone is asking, and help is needed.

 

[Zigner]

Arizona

My daughter and her husband have been married for all most 2 years. When her husband divorced his former wife he gave her the home in the divorce settelment. When she was unable to pay the mortgage, she moved out and he moved back in and took over the mortgage payments, taxes and insurance, in order to avoid a forclosure on the home. This was three years ago. Before the divorce they had also filed for BK. When they divorced he continued to pay the BK in order to pay it off. She never helped with her portion of it. My daughter and him were unable to refi due too his past BK, so they remained in the home and continued to make the mortgage payments. They were told that was the only way to remove her from the mortgage was to refi. .

My daughter and her husband are now needing to sell the home in order to move closer too the city due to work. The ex-wife is demanding half of the proceeds from the sale of the home. A home in which she has had nothing to do with for over three years. In the sale of the home they are supposed to pay off the balance of the BK that she was included in. .

What can they do, what are thier options? Please help!

I've read this, all the responses, and then re-read this post.
My take on this is that ex-wife is entitled to ALL of the proceeds, per the divorce decree...

 

[drd333]

Thank you!

Would you say they may have a case to sue the ex- if it comes down to that- for financial reimbursment of the BK payments at least?

 

[LdiJ]

Shay-Pari'e

No I am not vendictive towards ex's. And yes I do know her! I am asking for legal advice not personal opinions.

My daughter has kept the home and helped pay for the home. If he would have walked away then he would have a forclosure on his credit as well as the BK. If he can avoid that then he will walk away now and leave her (the ex) to deal with the mess. Especially since she was given the house in the divorce any how. And he has now, I just learned paid her entire portion of the BK as well as his own. They-meaning my daughter and her husband- have one payment left on the 100,000 BK that she paid nothing on!

I need to know if with this documentation of everything that has happened, is it possible to sue the ex! Or at least use it as leverage to get her to sign the papers!

Here is the problem. The divorce settlement awarded the home to the ex. Legally, its her sole property....even though the deed was obviously never changed.

I understand that your son in law moved back into the home and took over the mortgage payments to protect his credit, but that doesn't negate the divorce settlement.

Your son in law is lucky that she is only asking for half. He might be able to prevail, in a very expensive lawsuit, to get a portion of the home since he has been living there and paying the mortgage for the last few years....but its equally possible that he could end up being considered to be tenant, and she could end up with it all.

Again, he is lucky that she is only asking for half.