selling the house - complicated

[mlammons]

What is the name of your state? GA

My ex and I have been divorced for 3 years and are now selling the house we lived in when we were married but the issue is complicated (or at least it is to me!). This is the exact order.

By agreement of the parties, Plaintiff (my ex) shall be entitled to reside at the former marital residence located at ------- through May 1, 2008, provided that he timely pays the mortgage payments owing thereon, taxes, homeowner’s dues, insurance, utilities and all other expenses associated with the property, and he shall indemnify and hold Defendant harmless for same. Plaintiff shall pay the past due balance on the
homeowner’s dues in the amount of ____ on or before June 1, 2007.

Plaintiff shall provide Defendant with any notice that he receives from any lender/payee
that the mortgage note, taxes, insurance, utilities or expenses are delinquent. Plaintiff also agrees to notify Defendant if he is unable or does not pay the mortgage note, taxes, insurance, utility payments, or expenses on time. Upon receiving notice from any lender/payee or Plaintiff that the mortgage note, taxes, insurance, utilities or expenses are delinquent, then Defendant may cure the delinquency and take immediate exclusive use and possession of the property. In such event, Defendant shall be entitled to all right, title, interest and possession of the property and Plaintiff shall execute a quitclaim deed from himself to Defendant conveying to her all his right, title and interest in and to said real property upon presentation by Defendant.

On or before May 1, 2008, Plaintiff shall refinance the mortgage on the property in order
to remove Defendant’s name from same. Provided that Plaintiff timely refinances the mortgage to remove Defendant’s name from liability from same, Defendant shall execute a quitclaim deed rom herself to Plaintiff conveying to him all her right, title and interest in and to said real property upon presentation by Plaintiff.

Now, here is the situation. He never notified me that he wasn't paying the mortgage and bills until 4/08 when he moved out of the home and it was about to be forclosed on. He never refinanced and didn't pay the past due HOA fees either. When he told me about the situation I called the mortgage company and told them the house was going to be sold. I filled out some paperwork they sent and that has stopped foreclosure although it is still being reported on my credit. I am not able to pay the past due charges and fees and no quitclaim has been signed.

My question is this: When the house sells who gets the proceeds (if there are any after fees etc.)? As I have indicated on other posts, we have a child together and he is $10,000 in arrears on CS. I don't know if one situation has any bearing on the other. We have a relatively decent relationship and I don't want to be ugly or unfair.

[mistoffolees]

Originally Posted by mlammons

What is the name of your state? GA

My ex and I have been divorced for 3 years and are now selling the house we lived in when we were married but the issue is complicated (or at least it is to me!). This is the exact order.

By agreement of the parties, Plaintiff (my ex) shall be entitled to reside at the former marital residence located at ------- through May 1, 2008, provided that he timely pays the mortgage payments owing thereon, taxes, homeowner’s dues, insurance, utilities and all other expenses associated with the property, and he shall indemnify and hold Defendant harmless for same. Plaintiff shall pay the past due balance on the
homeowner’s dues in the amount of ____ on or before June 1, 2007.

Plaintiff shall provide Defendant with any notice that he receives from any lender/payee
that the mortgage note, taxes, insurance, utilities or expenses are delinquent. Plaintiff also agrees to notify Defendant if he is unable or does not pay the mortgage note, taxes, insurance, utility payments, or expenses on time. Upon receiving notice from any lender/payee or Plaintiff that the mortgage note, taxes, insurance, utilities or expenses are delinquent, then Defendant may cure the delinquency and take immediate exclusive use and possession of the property. In such event, Defendant shall be entitled to all right, title, interest and possession of the property and Plaintiff shall execute a quitclaim deed from himself to Defendant conveying to her all his right, title and interest in and to said real property upon presentation by Defendant.

On or before May 1, 2008, Plaintiff shall refinance the mortgage on the property in order
to remove Defendant’s name from same. Provided that Plaintiff timely refinances the mortgage to remove Defendant’s name from liability from same, Defendant shall execute a quitclaim deed rom herself to Plaintiff conveying to him all her right, title and interest in and to said real property upon presentation by Plaintiff.

Now, here is the situation. He never notified me that he wasn't paying the mortgage and bills until 4/08 when he moved out of the home and it was about to be forclosed on. He never refinanced and didn't pay the past due HOA fees either. When he told me about the situation I called the mortgage company and told them the house was going to be sold. I filled out some paperwork they sent and that has stopped foreclosure although it is still being reported on my credit. I am not able to pay the past due charges and fees and no quitclaim has been signed.

My question is this: When the house sells who gets the proceeds (if there are any after fees etc.)? As I have indicated on other posts, we have a child together and he is $10,000 in arrears on CS. I don't know if one situation has any bearing on the other. We have a relatively decent relationship and I don't want to be ugly or unfair.

Assuming that there's nothing different in your decree, you split the equity in the home (if you bought the home after you married, that's the amount left after you pay the mortgage and selling expenses).

However, you can probably get the court to allow you to deduct his CS arrears from his half. Also, you can probably get reimbursed for any amounts you have to pay that are supposed to be his responsibility. However, in order to do that, you're going to have to file for contempt. I'd tell him he has 30 days to bring the mortgage up to date and pay the CS or you're going to file. If he doesn't do so, then file.

You're stuck for the damage to your credit rating. However, if you can get it resolved quickly, you may be able to get the bank to put a note in the file explaining the circumstances.

Note to others: If you are still on a mortgage, you should be monitoring it on your own. It's easy to do online and only takes a few seconds. There's really no need for this kind of surprise.

[mlammons]

We should split the equity even though he didn't keep his end of the deal (make payments etc)? So, I am only entitled to all right, title, interest etc. if I cure the delinquency? Do I understand this correctly?

[LdiJ]

Originally Posted by mlammons

We should split the equity even though he didn't keep his end of the deal (make payments etc)? So, I am only entitled to all right, title, interest etc. if I cure the delinquency? Do I understand this correctly?

Yes, you are only entitled if you cure the delinquency.

[mlammons]

OK, I understand now. Thank you for your replies.