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#1
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Need advice on locating former spouse & home ownership issuesMy ex and I amicably divorced last summer here in Texas (no kids, property division decided between us, no attorneys used at the time). She was the petitioner, I the respondent. Our final decree of divorce states that we each receive half of the net proceeds from the sale of the house, upon the closing of said house. She also agreed in the divorce decree to be fully responsible for all mortgage payments, interest payments, taxes, utilities, upkeep, etc until the house was sold. At the time we divorced she changed the locks to the house - which I did not mind as she was living there and I was not. Fast forward to this year - she has moved out of the house in order to go back to school to get her master's degree. The house sat on the market for a year and did not sell, so she is considering renting the property for the next couple of years until she completes her degree. My fear is that both of our names are on the mortgage and that if it sits vacant for too long she will be unable to make the payments and my credit will end up damaged. I spoke to a local attorney who informed me that I am in a better position than I realized in that I have no responsibilities regarding the house (in that she agreed to be legally responsible for the housing expenses, although I still am responsible to my lender if she refuses to pay), but I still get to participate in any upside on the house in that I am still half owner (ie. I still get half of the net proceeds if the house sells, and I can demand half of any rent if I so choose.) I do not plan to ask for any rent as I am sympathetic to the position my ex finds herself in, however I am worried about the maintenance of the home and what happens if she cannot find a renter for the house. Therefore, the local attorney recommended that I get a key to the house and become a sort of 'uncompensated' landlord just to protect my investment. Here's the rub - she will not give me a key, and she will not even give me any contact information for her other than a phone number and email address. Am I allowed to get a locksmith and enter the house since I did not deed my interests to anyone? Also, as co-owners of the property, aren't we required to divulge all of our contact information to each other? At this point, she could stop making payments and I wouldn't know how to sue her since I do not know where she lives other than the city she resides in |
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#2
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| "Am I allowed to get a locksmith and enter the house since I did not deed my interests to anyone?" *** If there is nothing in the divorce order stipulating possession otherwise, yes. "Also, as co-owners of the property, aren't we required to divulge all of our contact information to each other?" *** There is no statutory obligation for a 'co-owner' to reveal full contact information, though it would certainly make sense and be advisable to do so. "At this point, she could stop making payments and I wouldn't know how to sue her since I do not know where she lives other than the city she resides in" *** And not only that... you would have no grounds to sue her (though it MIGHT be possible to pursue contempt motion if there is a court order for her payment). BTW, I disagree with part of your attorney's advice.... in the event that your wife stops making payments or files bankruptcy, YOU will take the hit along with her.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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