ex's lawyer files a motion to withdraw..

[wantinganend]

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

My ex and I filed for divorce, and the judge order the family home to be sold by a private realtor. The house was painted and cleaned in anticipation for the sale, and is currently listed with his choice realtor. The house is not occupied by myself or the ex, and has not been for the past year since being listed with a private realtor. My ex decided to move our daughter and 2male friends into the home without my consent this past month. The renters are not expected to pay any money towards the mortgage while occupying this home via my ex. My ex has also failed to pay his half of the mortage while the home was unoccupied and continues the pattern while it is occupied even though I have be consistant with paying my half.

The divorce settlement does not state who is responsible for paying the mortgage, nor who is able to occupy the home. Mind you, neither my ex or myself have occupied the home for the past year. I have since hired a lawyer in a futile attempt to begin closing the loop holes associated with the financial obligation of the home, and many problems a judge failed to foresee in the event the home did not sell in a timely manner. I recently received a letter from my ex's lawyer of her intention to withdraw as his lawyer due to my ex ignoring his financial obligation to her also. (Mind you he works, and receives a good pay in addition to me paying him support--long story).

My question to the post (and looking forward to Bali's haste) is what to expect now that my ex is no longer being represented by his lawyer (very good lawyer I might add) and who uses his sister's address for his home base? I foresee he may feel he will not be forced to answer to my lawyer on the grounds he never "received" any papers filed by my lawyer forcing him back to court to close the "loop" holes associated with the sale of the home, and the financial obligation attached to the mortgage prior to the sale.

I have gone above and beyond in playing the "care-taker" of the home while on the market, but have now been told by the ex to "respect" the privacy of the current occupiers, and to stay away from the home because "nothing of mine is there", yet be expected to keep up my end of the financial obligation of the home while he fails to do the same.

Can you help me with my expectations of getting my ex back to the "three-ring-circus" court, in a futile attempt to resolve the issues a judge failed to foresee, regarding issues related to the jointly-owned home mortgage? Can my ex play the "hide and seek" mouse game because of his dis-association of his lawyer's motion to withdraw? He trully has no concrete address at this time? (although I know he may). How do you force a rat out of the wood work, to face the problems associated with this, after he so carefully placed his "foot-soldiers" where he wanted them at this point and time in a battle (that should had ended the war).

 

[ANST]

Stop paying

I would stop paying my share of the financial obligation. I would also get an immediate order to force the children out and I would move in. Then I would continue paying my half. As far as getting paperwork to him, I would have my attorney send them to his job, via signature. There is no way I would pay for a home and not live in it until it is sold. Very strange. Good Luck

 

[mistoffolees]

Note that if someone doesn't pay the mortgage, your credit rating could be destroyed.

I would let your attorney handle it, although you can tell him to play hardball since your stbx hasn't met any of his obligations. Ask for an immediate order to throw the squatters out, attach your husband's wages for his obligations (or allow you to use other marital assets to pay the mortage or keep a larger portion of the assets if you pay the mortgage or something like that). In addition, ask for permission for you to have complete control over the sale - and then get the house sold quickly even if it means a lower price.

Serving him shouldn't be a problem since he still has an attorney of record (until the court allows the attorney to withdraw). At worst, your attorney should be able to find a way to get him served - at work if necessary and if that's allowed in your state.

 

[Ronin]

I have since hired a lawyer in a futile attempt to begin closing the loop holes associated with the financial obligation of the home, and many problems a judge failed to foresee in the event the home did not sell in a timely manner.

It was NOT the judge's job to iron out the details of your divorce settlement to protect your interests. That job was yours and your attorney's, and any blame for any shortcomings in the wording of the settlement falls squarely on your shoulders.

I have since hired a lawyer in a futile attempt to begin closing the loop holes associated with the financial obligation of the home...

It may be a futile attempt. It is not likely at this point you can have an agreed upon divorce settlement in which final judgment has been rendered modified at this point. At least not to close the kind of 'loop-holes' you have issue with.

There may be other legal remedies and options available to you, but not likely from the divorce court, unless he is violating any current provisions in the divorce decree.

 

[wantinganend]

Ex's lawyer is filing a motion to withdraw.....

Quote:
I would stop paying my share of the financial obligation. I would also get an immediate order to force the children out and I would move in. Then I would continue paying my half. As far as getting paperwork to him, I would have my attorney send them to his job, via signature. There is no way I would pay for a home and not live in it until it is sold. Very strange. Good Luck

I didnt stop paying my share because I know the havoc this would create on my credit. When my ex and my daughter moved out 10 months ago, and it came to my attention the mortgage was three months behind and in jeopardy of foreclosure. I spent an outrageous amount of money to over night a check to the bank to stop the foreclosure process. I havent lived in the house for over a year due to it being located two hours from my current employment. My ex relocated to NJ, but our daughter remained in the area of the home, but was living in an apartment my ex "decided" was not a good enough place for her or her friends to be. Therefore he decided to move them in without the expectation of paying the mortgage. I like your idea of delivering the papers to his job. Is it safe for me to assume my lawyer will have the capability to figure out where he is working in which to follow thru with this action?

 

[wantinganend]

Quote:
Note that if someone doesn't pay the mortgage, your credit rating could be destroyed.

I knew this, and have been paying all along to avoid this.


Quote:
I would let your attorney handle it, although you can tell him to play hardball since your stbx hasn't met any of his obligations. Ask for an immediate order to throw the squatters out, attach your husband's wages for his obligations (or allow you to use other marital assets to pay the mortage or keep a larger portion of the assets if you pay the mortgage or something like that). In addition, ask for permission for you to have complete control over the sale - and then get the house sold quickly even if it means a lower price.

I like your idea. My ex, being the deviant soul he is, tried to make me feel like a "bad" mother for thinking of throwing the squatters out. He suggested that a judge would not look too kindly on a mother treating her children in such a manner. Mind you, my ex has manipulated and fouled my relationship with my children for his own sick gain. What are the chances of me getting a judge to attach me ex's pay to force him to keep up on his half of this financial obligation? He took and moved all the so-called marital assets when he moved back to NJ, so that is not an option at this point. Also, I have made numerous attempts to get my ex to lower the price on the house, but would only do so, if I allowed him to choose the realtor of his choice, only to find out later down the road of his manipulations of this realtor. That problem was resolved via me meeting with this realtor face to face to uncover his false pretentions. I realize getting a judge to throw the squatters out at this point will be difficult, but getting them to be liable to pay the mortgage would be easier until the house is sold. Trust me, I did all I could to keep the squatters out so it would not come to this, but getting an appt with a lawyer takes time, and they moved in faster than I could prevent it from happening.

Quote:
Serving him shouldn't be a problem since he still has an attorney of record (until the court allows the attorney to withdraw). At worst, your attorney should be able to find a way to get him served - at work if necessary and if that's allowed in your state.

Not sure if this is allowed in my state either, but I notified my lawyer of the withdraw situation, and she was surprised to learn she did not get the notice instead of me. She stated, it was ok, that she would be free to contact him personally instead of going thru an attorney. Maybe I should ask her how she intends to contact him in which to bring the matter to a close since he is currently using his sister's address, and not exposing his own address.

 

[wantinganend]

It was NOT the judge's job to iron out the details of your divorce settlement to protect your interests. That job was yours and your attorney's, and any blame for any shortcomings in the wording of the settlement falls squarely on your shoulders.

You are right, but the first lawyer I had did not specialize in family law. I learned later down the road that I should have found a lawyer specalizing in family law who would have had the experience and knowledge to foresee potential problems. I now have a very good lawyer who specializes in this area, and is astounded by lack of wording the judge not to foresee this from happening. The judge assigned to me also was not experienced in settling divorce cases.


It may be a futile attempt. It is not likely at this point you can have an agreed upon divorce settlement in which final judgment has been rendered modified at this point. At least not to close the kind of 'loop-holes' you have issue with.

The judge did not state who was to pay the mortgage, who could live in the house--wording was very vague. So am I expected to keep paying the mortgage while the squatters live in the house, and my ex who stands to gain half of the proceeds of sale not help pay his half?? If so, I would like to sit back and not pay either--should I just allow foreclosure, and accept the havoc this action may havve on my credit????

There may be other legal remedies and options available to you, but not likely from the divorce court, unless he is violating any current provisions in the divorce decree.

He violated the provision of returning me the things the court awarded me, and conrinues to do so as of the current date. Does this violation count??

 

[Isis1]

He violated the provision of returning me the things the court awarded me, and conrinues to do so as of the current date. Does this violation count??

YES!!! take him back to court for contempt.