NASTY divorce

[Boots1822]

What is the name of your state? Tennessee

My sister is going thru a divorce. She moved out of the house because she's afraid of him. He has hit her once. They have an injunction of some sort about the property but her lawyer told her it didn't say she couldn't move anything out. We went to to the house to get her pre-marriage property & he had changed the locks. The police came & they said she had to have a court order signed by a judge to get her stuff. So she left without anything. She has an apt. w/no furniture. Does this all sound legit? He has not paid any of the house payment. She is paying it because when they sell the house, she needs to buy one & doesn't want to mess up her credit. He has charged up $20000 on a credit card in her name--the credit card company has a fraud case against him for that. The police told her to file a criminal report---not necessarily press charges. Her lawyer says not to. Her lawyer called his lawyer today regarding a settlement on this & is giving them 24 hrs to answer. Advice?

 

[penelope10]

What is the name of your state? Tennessee

My sister is going thru a divorce. She moved out of the house because she's afraid of him. He has hit her once. They have an injunction of some sort about the property but her lawyer told her it didn't say she couldn't move anything out. We went to to the house to get her pre-marriage property & he had changed the locks. The police came & they said she had to have a court order signed by a judge to get her stuff. So she left without anything. She has an apt. w/no furniture. Does this all sound legit? He has not paid any of the house payment. She is paying it because when they sell the house, she needs to buy one & doesn't want to mess up her credit. He has charged up $20000 on a credit card in her name--the credit card company has a fraud case against him for that. The police told her to file a criminal report---not necessarily press charges. Her lawyer says not to. Her lawyer called his lawyer today regarding a settlement on this & is giving them 24 hrs to answer. Advice?

Hang tight until the attorney gets back with her. Sounds like if anything is going to be settled immediately she'll know within the next 24 to 48 hours.

 

[Boots1822]

Well, they (as in her ex and his lawyer) are saying that she can only get a bed and bed frame from the house. how can HE call all the shots? That is totally what's happening. Is her lawyer doing everything he can???

 

[LdiJ]

Well, they (as in her ex and his lawyer) are saying that she can only get a bed and bed frame from the house. how can HE call all the shots? That is totally what's happening. Is her lawyer doing everything he can???

Well, I disagree with her attorney about filing a police report on the fraudulent 20k on the credit card. It it were my attorney I would at least be asking for an explanation as to why he thinks she shouldn't do that.

I would also be demanding that the attorney get me my premarital and personal property.

 

[acmb05]

What is the name of your state? Tennessee

My sister is going thru a divorce. She moved out of the house because she's afraid of him. He has hit her once.

Did she file a police report when this happened? If not then He said She said.

They have an injunction of some sort about the property but her lawyer told her it didn't say she couldn't move anything out.

Hasn't she read this injunction? Why?

We went to to the house to get her pre-marriage property & he had changed the locks. The police came & they said she had to have a court order signed by a judge to get her stuff.

Again what does the injunction say?

So she left without anything. She has an apt. w/no furniture. Does this all sound legit?

One more time, what does the injunction say?

He has not paid any of the house payment. She is paying it because when they sell the house, she needs to buy one & doesn't want to mess up her credit.

This could take a long time in todays market. Is she prepared to make those payments for the next near if need be? If not then I would try to have it so he has to pay her her half of the equity in the home and refinance in his name only.

He has charged up $20000 on a credit card in her name--the credit card company has a fraud case against him for that. The police told her to file a criminal report---not necessarily press charges. Her lawyer says not to. Her lawyer called his lawyer today regarding a settlement on this & is giving them 24 hrs to answer. Advice?

File the Police report. You will need it for the credit card company.

 

[MFinancier]

How long has she been out of the house? Does the court order bar her from entering the premise? If not...get an emergency order to have a locksmith open the house so you can document everything with a video and remove your personal items. Time to get her attorney moving....

 

[Boots1822]

How long has she been out of the house? Does the court order bar her from entering the premise? If not...get an emergency order to have a locksmith open the house so you can document everything with a video and remove your personal items. Time to get her attorney moving....

THANKS FOR EVERYONE's ADVICE---

She's been out of the house about a month. The court order DOES NOT bar her from entering. She took pictures of everything in the house and has every single item documented. He is now saying he doesn't want anything out of the house until it's sold! However, the Realtor still doesn't have a key since he changed the locks and the realtor has told my sister that the house looks so bad, it's very hard to show. Her atty is going to file a court order on Monday. we'll see.

 

[Boots1822]

Did she file a police report when this happened? If not then He said She said.
No, she didn't. I told her that she was sorry she didn't file a police report for this and she'll be sorry if she doesn't for the credit card stuff, too.

Hasn't she read this injunction? Why? Yes, she has

Again what does the injunction say? I'm in a different state and she's read it to me over the phone. I couldn't tell you without having it in front of me.
One more time, what does the injunction say?

This could take a long time in todays market. Is she prepared to make those payments for the next near if need be? If not then I would try to have it so he has to pay her her half of the equity in the home and refinance in his name only.

GREAT IDEA!

File the Police report. You will need it for the credit card company.

THANKS FOR YOUR INPUT!