ex wifes roommates and owed equity

[jdarling]

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

Per our divorce decree my ex wife owes me $13,000 in equity. She is entitled to pay by 12/31/2010. However, with refinance rates and that I am trying to purchase another home with my new wife I am urging her to refinance ASAP. I will not sign the quit claim until I am off the loan and paid my equity money. However, I can't qualify for any loan until I am off of the mortgage.

My ex wife has moved her new boyfriend into the home. Technically it is still my property. I would like my equity money or I would like him removed from my home until I receive my equity money. Do I have any rights to remove him from the home until m name is off the mortgage?

Please help. Thanks!

 

[LdiJ]

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

Per our divorce decree my ex wife owes me $13,000 in equity. She is entitled to pay by 12/31/2010. However, with refinance rates and that I am trying to purchase another home with my new wife I am urging her to refinance ASAP. I will not sign the quit claim until I am off the loan and paid my equity money. However, I can't qualify for any loan until I am off of the mortgage.

My ex wife has moved her new boyfriend into the home. Technically it is still my property. I would like my equity money or I would like him removed from my home until I receive my equity money. Do I have any rights to remove him from the home until m name is off the mortgage?

Please help. Thanks!

She has until 12/31/2010 to pay you the 13k. There is absolutely nothing that you can do to make her refinance any quicker than that. You will have to go to closing with her and sign the quit claim deed there. You cannot wait until after you have the money, because the loan won't close without the quit claim deed. However, you are right to wait to give it to her. You should not give it to her unless its over a closing table.

It is not still technically your property. The divorce agreement made it her property. You have no control over who she allows to live there at all.

 

[mistoffolees]

She has until 12/31/2010 to pay you the 13k. There is absolutely nothing that you can do to make her refinance any quicker than that. You will have to go to closing with her and sign the quit claim deed there. You cannot wait until after you have the money, because the loan won't close without the quit claim deed. However, you are right to wait to give it to her. You should not give it to her unless its over a closing table.

It is not still technically your property. The divorce agreement made it her property. You have no control over who she allows to live there at all.

All true.

However, OP could try to negotiate to see if he could get her to settle sooner. Unfortunately, negotiation usually means you give something up. So, for example, he could say he'll take $8 K if she refinances and gets his name off the loan by April 1. Of course, she has no obligation to accept this, so he'd need to make the deal sweet enough to encourage her to go along.

 

[jdarling]

Do we still have rights to enter the property?

 

[Zigner]

Do we still have rights to enter the property?

"We"? Who is "We"?

 

[LdiJ]

Do we still have rights to enter the property?

Who is "we"? Is this the new wife posting?

The answer to that is ABSOLUTELY NO.

 

[jdarling]

The new wife and/or I? I am asking because I went to pick up the kids and the boyfriend forbid me to come in the house to get another pair of shoes for my daughter. Sometimes my new wife picks up the kids.

 

[LdiJ]

The new wife and/or I? I am asking because I went to pick up the kids and the boyfriend forbid me to come in the house to get another pair of shoes for my daughter. Sometimes my new wife picks up the kids.

You do NOT have the right to enter your ex wife's home without an invitation to do so. Its irrelevant that you haven't sign a quit claim deed yet or that she hasn't refinanced yet.

 

[Zigner]

Things are never as simple as people try to make them seem, huh?

 

[jdarling]

Thanks for your help/responses. So I basically have no rights to the property other than to collect the owed equity in Dec.? The fact that I am still on the title and that the decree only specifies she will be staying in the home and buying me out in Dec. gives me no right to enter or specify who may live there until then?

Not trying to be argumentative, just trying to understand. Thanks again.

 

[Zigner]

Thanks for your help/responses. So I basically have no rights to the property other than to collect the owed equity in Dec.? The fact that I am still on the title and that the decree only specifies she will be staying in the home and buying me out in Dec. gives me no right to enter or specify who may live there until then?

Correct...

 

[LdiJ]

Thanks for your help/responses. So I basically have no rights to the property other than to collect the owed equity in Dec.? The fact that I am still on the title and that the decree only specifies she will be staying in the home and buying me out in Dec. gives me no right to enter or specify who may live there until then?

Not trying to be argumentative, just trying to understand. Thanks again.

Correct, you have no rights other than to collect the equity by the date specified in the divorce decree.