He gave away our home, am I entitled to compensation?

[KCcat]

What is the name of your state? NY

We bought a home together. He never put my name on the title. Something we fought about. When he left,
he didnt pay the mortgage. I am on SSD and could not afford it, he knew this. My checks ( for me and our daughter) went to pay over 1/2 the mortgage every month.

He let the banks take the house. I even offered to sell the house and we could pay the banks and split the profit, he was all for it. However when the time came to meet with the realtor ( since my name wasnt on the deed) he didnt.

Can I petition the court for what would have been my half of the sale profit? The house sold for close to 220,000 , he owed 159,000.

I could have bought a trailer for me and my daughter and could have afforded the lot rent on my SSD. Now I struggle and was left homeless for a yr after I was evicted. I cannot live in NYS on what little I get from SSD and child support.

[BelizeBreeze]

Originally Posted by KCcat

What is the name of your state? NY

We bought a home together. He never put my name on the title. Something we fought about. When he left,
he didnt pay the mortgage. I am on SSD and could not afford it, he knew this. My checks ( for me and our daughter) went to pay over 1/2 the mortgage every month.

He let the banks take the house. I even offered to sell the house and we could pay the banks and split the profit, he was all for it. However when the time came to meet with the realtor ( since my name wasnt on the deed) he didnt.

Can I petition the court for what would have been my half of the sale profit? The house sold for close to 220,000 , he owed 159,000.

I could have bought a trailer for me and my daughter and could have afforded the lot rent on my SSD. Now I struggle and was left homeless for a yr after I was evicted. I cannot live in NYS on what little I get from SSD and child support.

Let me guess. You were NOT married.

[KCcat]

Let me guess. You were NOT married.

yes we wereand still are, legally. Sorry I thought that was understood this is a divorce forum I hope. I am filing an answer to the divorce complaint.

[BelizeBreeze]

Originally Posted by KCcat

yes we wereand still are, legally. Sorry I thought that was understood this is a divorce forum I hope. I am filing an answer to the divorce complaint.

and did you purchase the home while you were married? I'm not going to play 20 questions with you or GUESS as the situation.

[KCcat]

Ok......What do you want to know...Gee.

Yes we purchased the home together, NO he DID NOT put my name on the deed, YES I paid for over half the Home with my checks, we are still married and filling for divorce and I am stuck trying to wade thru this mess myself, I need help and answers with a lil compassion, PLEASE!

[BelizeBreeze]

Originally Posted by KCcat

Ok......What do you want to know...Gee.

Yes we purchased the home together, NO he DID NOT put my name on the deed, YES I paid for over half the Home with my checks, we are still married and filling for divorce and I am stuck trying to wade thru this mess myself, I need help and answers with a lil compassion, PLEASE!

If you want compassion go to Oprah. If you want a LEGALLY VALID response answer the question I put to you, not one you decided to make up. DID YOU PURCHASE THE HOME WHILE YOU WERE MARRIED????

Get it now? Either answer the damn question or I'm done with you.

[nextwife]

Originally Posted by KCcat

Ok......What do you want to know...Gee.

Yes we purchased the home together, NO he DID NOT put my name on the deed, YES I paid for over half the Home with my checks, we are still married and filling for divorce and I am stuck trying to wade thru this mess myself, I need help and answers with a lil compassion, PLEASE!

So, did you file for divorce and to have him cover the mortgage payments back while this was going on?

It was you and not he who was living there?

It's long after the fact, he no longer owns the home- it was lost to foreclosure?. Either of you were free to make certain payments were made in the absence of a court order.

[KCcat]

No, Nextwife. I was trying to get the banks to talk to me they kept citing privacy and all that.

I did find a realtor who said we could get more then what was owed. He agreed to sell the house, and split profit but refused to meet with me and the realtor.

This move on his part left me and our daughter homeless for a yr. It is real expensive here and my SSD wasnt enuff . I was also met with a lot of
"You fall below the minimum financial to rent from us"
B.S. and that was for low income housing. I REFUSE to go on WELFARE!

The divorce is just beginning now. I was waiting on him. He offered to pay for this and we were trying to be ADULT about this, ( as much as I may have wanted revenge, I have to set examples for my dughter) well it has been 4 yrs. So I am filling out these legal papers myself, I CANNOT AFFORD AN ATTY, and am not sure to what my entitlement is.

[KCcat]

and did you purchase the home while you were married? I'm not going to play 20 questions with you or GUESS as the situation.

I did answer you. .....

yes we were and still are, legally. Sorry I thought that was understood this is a divorce forum I hope. I am filing an answer to the divorce complaint.

[KCcat]

So, did you file for divorce and to have him cover the mortgage payments back while this was going on?

It was you and not he who was living there?

It's long after the fact, he no longer owns the home- it was lost to foreclosure?. Either of you were free to make certain payments were made in the absence of a court order.

I was living there affter he left until I was kicked out.
yes it was lost to foreclosure, When I was in support court I told the judge and showed her the papers from the bank and she told me **************."AHH YOU GOT 2 YRS BEFORE ANYTHING HAPPENS!"

Neesless ro say she is no longer serving on the bench.

[nextwife]

So you were legally married to each other, with no court orders or legal seperation filed at the time this foreclosure occured?

[KCcat]

Correct. Only court proceedings were the custody and child support.

As I said I tried to get the support judge to help me out but she was useless.

I know it has been 4 yrs but If we had sold the home ( It was sold for approx. 220,000., He owed 159,000.) We would have legally split the profits, and I could have picked up a trailer for me and my dau. for about 15,000-20,000. I would have not had to get rid of our pets which was extremely traumatizing to us esp. my dau. I would not have has to spent a yr homeless, living with others, all the fear and uncertainty my daughter and I suffered would not have happened.
He should pay for that. He had NO problem asking me to pay for half the mortgage.

[LdiJ]

It would seem to me that you would at least have some basis to ask for spousal support.

It also appears that he deliberately and unnecessarily let the house go into foreclosure, therefore dissipating a marital asset.

You could at least try asking that a judge order him to give you the amount of equity that you would have received had he cooperated with selling the home. It may not work, but you can at least ask.

[KCcat]

LDIJ- Thank You So Much. This is what I wanted to know. I wasnt sure If I even has a case to ask, while common sense said of course, the law is usually 180 degree difference.

[BelizeBreeze]

You know, this still does not answer the question of WHERE YOU MARRIED WHEN YOU PURCHASED THE HOME. A DIRECT question that you never answered but ran around the edges of.