Need some advice please!!

[songbird1968]

What is the name of your state? Indiana

I was divorced in 2005 and was awarded the marital residence. My husband moved at that time to his own place and I lived at the home with my three sons for a little over a year. After approx a year he gave me a sob story and I fell for it and let him move back in just for what was suppose to be a couple of months to help him out. He then refused to leave. He also refused to sign over the house, which is still in his name only. He now has lived there for 9 months. I decided to move out and get my own place. I do not want the house any longer as I have found a house to buy. I am just finishing up the loan process and the loan officer sees that the other house is still awarded to me. The other house like I said is still in my exes name and he will not sign it over to me. I contacted my lawyer and he said that I cannot get out of the house because that divorce papers say I am legally responsible. I need to know how I can get out of that legal obligation so I can get on with my life. I need to mention that he is an alcoholic and drup addict is impossible to reason with. Any advice would be appreciated as I feel stuck. Thanks!!

 

[HomeGuru]

What is the name of your state? Indiana

I was divorced in 2005 and was awarded the marital residence. My husband moved at that time to his own place and I lived at the home with my three sons for a little over a year. After approx a year he gave me a sob story and I fell for it and let him move back in just for what was suppose to be a couple of months to help him out. He then refused to leave. He also refused to sign over the house, which is still in his name only. He now has lived there for 9 months. I decided to move out and get my own place. I do not want the house any longer as I have found a house to buy. I am just finishing up the loan process and the loan officer sees that the other house is still awarded to me. The other house like I said is still in my exes name and he will not sign it over to me. I contacted my lawyer and he said that I cannot get out of the house because that divorce papers say I am legally responsible. I need to know how I can get out of that legal obligation so I can get on with my life. I need to mention that he is an alcoholic and drup addict is impossible to reason with. Any advice would be appreciated as I feel stuck. Thanks!!

**A: and at what point will you realize that you need to hire your own attorney?

 

[Zephyr]

take him back to court, either for contempt or a motion to enforce, your lawyer will know which, to force him to sign over the house so you can then sell it and move on

 

[nextwife]

If the mortgage is in HIS name, he likely never signed it over because you never refinanced to loan into your name. It is very unwise to deed out interest in a property when one is still legally responsible for the mortgage.

Hi, HG! Missed you around here!

 

[songbird1968]

I tried

Actually I tried to refinance the loan in my name but he would never sign the paperwork. I want to take him back to court but I just can't afford it. My lawyer isn't really giving me any good advice. As of now, my ex is living in the house and I am forced to live with my mom. I was married to him for 20 years and he is still controlling everything. I am just really depressed.

 

[Zephyr]

Actually I tried to refinance the loan in my name but he would never sign the paperwork. I want to take him back to court but I just can't afford it. My lawyer isn't really giving me any good advice. As of now, my ex is living in the house and I am forced to live with my mom. I was married to him for 20 years and he is still controlling everything. I am just really depressed.

but you can't afford not to either......and DO ask that the ex pay your legal fees for this, ask your lawyer if you can pay him out of the proceeds from the house (this is not uncommon) if your request for legal fees is denied

 

[LdiJ]

Actually I tried to refinance the loan in my name but he would never sign the paperwork. I want to take him back to court but I just can't afford it. My lawyer isn't really giving me any good advice. As of now, my ex is living in the house and I am forced to live with my mom. I was married to him for 20 years and he is still controlling everything. I am just really depressed.

If the divorce decree gives you the house, then why don't you simply evict him from the home?