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  #1  
Old 03-18-2007, 10:13 AM
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Join Date: Mar 2007
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My ex is trying to take the house...


What is the name of your state? New Hampshire.

My ex and I were divorced in July of 2002. He had cheated on me numerous times as well as alcohol problems and he kept taking out secret credit cards and running up debt. At the time it was decided that I would keep the house since it was my family that gave us a down payment and they had helped us over the years. We had purchased the house in 1992. He agreeded to sign the house over free and clear to me but I was to assume the mortgage plus the debt we owed my family. This was all in the divorce agreement (except that part about my family debt). The agreement stated he would sign the property over to me and I would assume the mortgage. He was in a hurry to leave at the time to start his new life with his girlfriend. Now 5 years later he is in financial ruin and no girlfriend. He says he is going to take me to court to get his fair share of the house and no judge would ever believe that the would sign over a house free and clear. He said he will tell the judge we had a verbal agreement for me to pay him his half of the market value. When we divorced I had to refinance to get the house in my name. I refinanced and took out more money to pay off my parents and replace a failed leach field. He says I should have paid him off too (although it was not agreed to and no bank would have lended me that kind of money) He's also saying he wants to come over and look around and get some things he thinks belongs to him. In the divorce agreement it says that we agreed on how to settle the division of personal property. Does he have any basis? What is the name of your state?What is the name of your state?What is the name of your state? New HampshireWhat is the name of your state?
  #2  
Old 03-18-2007, 10:33 AM
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Join Date: May 2004
Posts: 41,433
Quote:
Originally Posted by salem View Post
What is the name of your state? New Hampshire.

My ex and I were divorced in July of 2002. He had cheated on me numerous times as well as alcohol problems and he kept taking out secret credit cards and running up debt. At the time it was decided that I would keep the house since it was my family that gave us a down payment and they had helped us over the years. We had purchased the house in 1992. He agreeded to sign the house over free and clear to me but I was to assume the mortgage plus the debt we owed my family. This was all in the divorce agreement (except that part about my family debt). The agreement stated he would sign the property over to me and I would assume the mortgage. He was in a hurry to leave at the time to start his new life with his girlfriend. Now 5 years later he is in financial ruin and no girlfriend. He says he is going to take me to court to get his fair share of the house and no judge would ever believe that the would sign over a house free and clear. He said he will tell the judge we had a verbal agreement for me to pay him his half of the market value. When we divorced I had to refinance to get the house in my name. I refinanced and took out more money to pay off my parents and replace a failed leach field. He says I should have paid him off too (although it was not agreed to and no bank would have lended me that kind of money) He's also saying he wants to come over and look around and get some things he thinks belongs to him. In the divorce agreement it says that we agreed on how to settle the division of personal property. Does he have any basis? What is the name of your state?What is the name of your state?What is the name of your state? New HampshireWhat is the name of your state?
If the divorce decree gave you the house without any equity payoff to him, then he has no basis to take you back to court now. Lying about a verbal agreement isn't going to get him anywhere.

He also has no right to any property out of the house either at this point.

Therefore, tell him to pound sand.
  #3  
Old 03-18-2007, 10:47 AM
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Join Date: Nov 2005
Posts: 4,251
Quote:
Originally Posted by LdiJ View Post
If the divorce decree gave you the house without any equity payoff to him, then he has no basis to take you back to court now. Lying about a verbal agreement isn't going to get him anywhere.

He also has no right to any property out of the house either at this point.

Therefore, tell him to pound sand.
Well he need to consult with an attorney before he proceeds with this?
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