House settlement after divorce! Please advise ASAP!

[Kdes]

What is the name of your state? AZ

Divorced in 2003. I keep the house provided I refinance or sell within 90 days. Tried to refi. but ex wouldn't sign "until he finished his financial affairs." I let it go. Two years later after housing market skyrockets, ex is suddendly ready to settle. What $$ would the ex be entitled to? I think he should get what house valued at in 2003. He wants todays value and threatens to force me to sale or go to court for contempt if I don't give him 1/2 that equity. Because of the time I gave him to "finish his business affairs" do I lose out on my equity? Please help ASAP! Papers must be signed prior to Wednesday.

THANKS!
Kendra

 

[BelizeBreeze]

What is the name of your state? AZ

Divorced in 2003. I keep the house provided I refinance or sell within 90 days. Tried to refi. but ex wouldn't sign "until he finished his financial affairs." I let it go. Two years later after housing market skyrockets, ex is suddendly ready to settle. What $$ would the ex be entitled to? I think he should get what house valued at in 2003. He wants todays value and threatens to force me to sale or go to court for contempt if I don't give him 1/2 that equity. Because of the time I gave him to "finish his business affairs" do I lose out on my equity? Please help ASAP! Papers must be signed prior to Wednesday.

THANKS!
Kendra

You don't lose anything. And neither does the spouse. YOu were under a court order to refinance. Neither of you took the steps to do so. HOWEVER, you were in control and could have taken the matter back to court to force his signature.

You did not. YOu can't now come before the court and claim damages for not acting.

 

[seniorjudge]

Y'all may have to have a partition suit. Let the court sell it and decide who gets what.

You can do this within the original lawsuit.

Since you did not chose to force the issue two years ago, you are not in the best position.

 

[LdiJ]

I agree that you aren't in the best position. However, if you have any evidence at all that he refused to cooperated with a sale previously, you may not be in quite as bad a position as indicated.

 

[Kdes]

Thank you. I do have plenty of evidence of his reasons for not allowing me to refinance two years ago. One of which is that I resolved my portion of financial responibilities brought on by his deceit during our marriage. It is also noted in our divorce decree that he is soley responsible for penalties and interest for these responsibilities.

Much appreciation for your reply and any others to follow!!

Kendra

 

[Kdes]

House settlement after divorce. Please advise ASAP!

Thank you. I do have plenty of evidence of his reasons for not allowing me to refinance two years ago. He claimed to be negotiating our debts and wanted time to resolve prior to our final closing. (This is why I didn't file for contempt.) It was an obligation for us both. In the meantime, I resolved my portion of this brought on by his deceit during our marriage It is also noted in our divorce decree that he is solely responsible for penalties and interest for these debts he continues to ignore! Now, he is benefiting from my negotiating and threatening to file for contempt against me! Per the decree he also owed me 50% annuity, life insurance, etc., I offered to pay him his 1/2 equity both cash & credit towards these things, but he wants it all in cash. Going to file for contempt against me now since he saw the $$ amount I would be getting from my loan! He claims I have the $$ to pay him so if I don't close, I am in contempt! In addition, can he put a sign up and list my house for sale if I don't give him this full cash equity he is demanding? (He's a realtor.) I don't know how my giving him extra time to resolve our joint debts should allow him equity from the current value of my home. I think he should only get 1/2 of the 1st appraised value. Why should he benefit even more from his lies and my trust in him?

Much appreciation for your reply and any others to follow!!

Kendra

 

[LdiJ]

Thank you. I do have plenty of evidence of his reasons for not allowing me to refinance two years ago. He claimed to be negotiating our debts and wanted time to resolve prior to our final closing. (This is why I didn't file for contempt.) It was an obligation for us both. In the meantime, I resolved my portion of this brought on by his deceit during our marriage It is also noted in our divorce decree that he is solely responsible for penalties and interest for these debts he continues to ignore! Now, he is benefiting from my negotiating and threatening to file for contempt against me! Per the decree he also owed me 50% annuity, life insurance, etc., I offered to pay him his 1/2 equity both cash & credit towards these things, but he wants it all in cash. Going to file for contempt against me now since he saw the $$ amount I would be getting from my loan! He claims I have the $$ to pay him so if I don't close, I am in contempt! In addition, can he put a sign up and list my house for sale if I don't give him this full cash equity he is demanding? (He's a realtor.) I don't know how my giving him extra time to resolve our joint debts should allow him equity from the current value of my home. I think he should only get 1/2 of the 1st appraised value. Why should he benefit even more from his lies and my trust in him?

Much appreciation for your reply and any others to follow!!

Kendra

I think you should take it back to court...particularly since he hasn't followed through on everything he was supposed to do either. If he owes you money from other assets it may be possible that the judge will order that those come out of his share of the equity....and let the judge decide what his share of the equity is.

 

[Kdes]

House settlement after divorce! Please advise ASAP!

Thanks Ldij. I agree, if he continues to refuse to look at the facts. All he can see on HIS decree is 50/50 equity!

Kendra

 

[Kdes]

House settlement after divorce! Please advise ASAP!

AZ

Well, I made yet another attempt to refinance my home per my divorce decree and AGAIN my ex refuses to sign. He can't understand that part of his equity needs to be used to pay what he still owes me. 50% of our joint checking account, annuity, spousal support in arrears, etc....All he is able to comprehend is we split the equity. Now, after I deducted several debts from what he owes me just to close and be done with him, I come home to his for sale sign in my front yard! He's caused me to lose two refinance loans, lower interest rates and threatens to sue me for contempt? I realize I should have taken him to court the first time he refused to sign (until he completed his debt "negotiations".) But I didn't. And why should he get the higher appraised value of my home in the first place? The value of my home at the time of divorce and my 1st attempt to refi. was 1/2 what it is today. (What if it was the opposite? Yeah, he'd insist that he's entitled on the higher appraisal then. So, what can I do besides take down his for sale signs? If my house goes up for sale, won't that make it impossible for me to refinance for a certain # of years? What if he already has it listed in MLS? Wouldn't I have an even stronger case against him? I didn't plan on selling, which is why I went with the other option the court gave me. To refinance! And it wasn't easy to do with my debt to income ratio! He's very desperate for money. How can I protect my home from his devious schemes and any liens he has placed against him? I haven't the $$ to run out and get an attorney so please give me any other advise you might have. I need to explore every option I can try to do on my own.

Any would be much appreciated!
Kendra

 

[LdiJ]

AZ

Well, I made yet another attempt to refinance my home per my divorce decree and AGAIN my ex refuses to sign. He can't understand that part of his equity needs to be used to pay what he still owes me. 50% of our joint checking account, annuity, spousal support in arrears, etc....All he is able to comprehend is we split the equity. Now, after I deducted several debts from what he owes me just to close and be done with him, I come home to his for sale sign in my front yard! He's caused me to lose two refinance loans, lower interest rates and threatens to sue me for contempt? I realize I should have taken him to court the first time he refused to sign (until he completed his debt "negotiations".) But I didn't. And why should he get the higher appraised value of my home in the first place? The value of my home at the time of divorce and my 1st attempt to refi. was 1/2 what it is today. (What if it was the opposite? Yeah, he'd insist that he's entitled on the higher appraisal then. So, what can I do besides take down his for sale signs? If my house goes up for sale, won't that make it impossible for me to refinance for a certain # of years? What if he already has it listed in MLS? Wouldn't I have an even stronger case against him? I didn't plan on selling, which is why I went with the other option the court gave me. To refinance! And it wasn't easy to do with my debt to income ratio! He's very desperate for money. How can I protect my home from his devious schemes and any liens he has placed against him? I haven't the $$ to run out and get an attorney so please give me any other advise you might have. I need to explore every option I can try to do on my own.

Any would be much appreciated!
Kendra

You HAVE to take it back to court. You have to file for contempt of court for him refusing to cooperate with the refinance, and you have to file for contempt because he hasn't paid you what he owes you, and you need a judges order that what he owes you has to come out of his share of the equity. You also need a judge's order that he is only entitled to 1/2 of the equity that existed when he first refused to cooperate with a refinance.

Personally, I think you need an attorney to handle that. However, if you absolutely can't afford one, then you need to do it yourself.

 

[Kdes]

House Settlement after divorce! Please advise ASAP!

Thank you again Ldij. Any recommendations of where to start in my search for a good AZ attorney? And will I need a Divorce Atty. with some background in Real Estate Law? A previous mortgage broker I was working with told me that if my home goes on the market, I won't be able to refinance for a year after it is taken off. Obviously, just because he's put my home up for sale doesn't mean I'm going to sign or agree to anything regarding selling my home. Unless ordered by a judge of course. Since going to court for contempt will no doubt take awhile. I wonder what I might be able to do to avoid this now? If, in fact, this refinance rule is correct.

Does anyone know if I can somehow protect my house from his financial downfall? I'm afraid while waiting for my case to go to court, he may have another lien against my home. I need him off my deed and fast! He's already signed the quit claim. I just can't move forward without a joint agreement as to the amount he will net. Can I file something to protect my property in the meantime?

Thanks!
K

 

[LdiJ]

Thank you again Ldij. Any recommendations of where to start in my search for a good AZ attorney? And will I need a Divorce Atty. with some background in Real Estate Law? A previous mortgage broker I was working with told me that if my home goes on the market, I won't be able to refinance for a year after it is taken off. Obviously, just because he's put my home up for sale doesn't mean I'm going to sign or agree to anything regarding selling my home. Unless ordered by a judge of course. Since going to court for contempt will no doubt take awhile. I wonder what I might be able to do to avoid this now? If, in fact, this refinance rule is correct.

Does anyone know if I can somehow protect my house from his financial downfall? I'm afraid while waiting for my case to go to court, he may have another lien against my home. I need him off my deed and fast! He's already signed the quit claim. I just can't move forward without a joint agreement as to the amount he will net. Can I file something to protect my property in the meantime?

Thanks!
K

Wait a minute....if he has already signed the quit claim, and you have it in your possession, then why do you have a problem with the refinancing?....and why haven't you filed the quit claim?

He can't put your house on the market....he is no longer an owner if you have a signed quit claim. Keep taking down the signs and inform the realtor that you are the owner and you do not intend to sell your home.

Go get yourself a consult with an attorney, today if possible. Its a family law attorney that you need to consult.

 

[Kdes]

He signed the deed with the Title Company and included his own statement saying that he receives (from my refinancing) the $$ amount he thinks he is entitled to. I offered that amount by deducting some of the monies he still owed me such as the 50% assets, etc..What he can't comprehend is that he'll have to take some of his equity in credit for his debts to me. He's just seeing $$$$ and expects to get 1/2 the house value cash only. I can't and won't agree to that. Now, the Title Company will not releases the funding for my refinance until they have a signed agreement between me and my ex as to how much he will get. Even though I gave them their instructions for fund distribution, the title company does. Therefore, he is still considered an owner on my home. (Even though I make the house payments!) AND, being that he is considered an owner and the fact that he is also a Realtor makes him feel that much more powerful over doing whatever he pleases with my home!

As of today, he sends me email saying he's gotten calls on my house already, just from the sign. It couldn't have been up more than a couple of hours and the man is a pathological liar so that means nothing.

Thanks
k

 

[LdiJ]

He signed the deed with the Title Company and included his own statement saying that he receives (from my refinancing) the $$ amount he thinks he is entitled to. I offered that amount by deducting some of the monies he still owed me such as the 50% assets, etc..What he can't comprehend is that he'll have to take some of his equity in credit for his debts to me. He's just seeing $$$$ and expects to get 1/2 the house value cash only. I can't and won't agree to that. Now, the Title Company will not releases the funding for my refinance until they have a signed agreement between me and my ex as to how much he will get. Even though I gave them their instructions for fund distribution, the title company does. Therefore, he is still considered an owner on my home. (Even though I make the house payments!) AND, being that he is considered an owner and the fact that he is also a Realtor makes him feel that much more powerful over doing whatever he pleases with my home!

As of today, he sends me email saying he's gotten calls on my house already, just from the sign. It couldn't have been up more than a couple of hours and the man is a pathological liar so that means nothing.

Thanks
k

You need to get back into court quickly.