tootough

[tootough]

What is the name of your state (only U.S. law)? tennessee
My exwife and I purchased a home in 1998, she moved to Texas in 2003 and we divorced in 2004 and was granted the house in Tennessee. As soon as the divorce was final, she decides to move back to Tennessee, with a boyfriend in tow, and wanted to move back into the home. She has custody of my 3 boys and I wanted them back in the house that they grew up in so I let her. She agreed to pay 500.00 rent because I was already paying the house payment thru a Chapter 13. The first year that they lived there I rec'd 2 1/2 months rent. She moved out in 2007 and had to move back in in 2008 against my wishes because I was out of bankruptcy and my present wife and I were making the payments on the home had was wanting to put it up for sale (we couldn't do that because she would not sign the papers), well we tried to have it refinanced and taken out of her name so that she could not move back in, but due to my credit, we were unable to. She has moved back into the house, I refuse to make the payments and now the mortgage is 7 months behind. What direction do I need to take on this matter?

[mistoffolees]

Originally Posted by tootough

What is the name of your state (only U.S. law)? tennessee
My exwife and I purchased a home in 1998, she moved to Texas in 2003 and we divorced in 2004 and was granted the house in Tennessee. As soon as the divorce was final, she decides to move back to Tennessee, with a boyfriend in tow, and wanted to move back into the home. She has custody of my 3 boys and I wanted them back in the house that they grew up in so I let her. She agreed to pay 500.00 rent because I was already paying the house payment thru a Chapter 13. The first year that they lived there I rec'd 2 1/2 months rent. She moved out in 2007 and had to move back in in 2008 against my wishes because I was out of bankruptcy and my present wife and I were making the payments on the home had was wanting to put it up for sale (we couldn't do that because she would not sign the papers), well we tried to have it refinanced and taken out of her name so that she could not move back in, but due to my credit, we were unable to. She has moved back into the house, I refuse to make the payments and now the mortgage is 7 months behind. What direction do I need to take on this matter?

If I understand you correctly, you have a court order that awards you the house.

If that's correct, she HAS to sign the papers. If she won't, you go back to court to ask her to sign them. You can also evict her from the place if you have a court order giving you ownership.

I would do the following:
1. Tell her to get her butt out. Tell her she's got 10 days (or 30 if you're feeling nice) to move out before you call the police and have her arrested for trespassing. If she doesn't, call the police and show them the court order giving you the house and tell them she's trespassing.

2. Once she's out, clean the house up and get a realtor in there to get it sold. Assuming that there's enough equity that you don't need every penny to cover selling costs and the debt, I would tell the realtor to price it and market it at a level that you can get a quick (but not give-away) sale.

3. Ask her for a quit claim deed. If she refuses, go to court to get an order for her to sign a quit claim. That will allow you to sell the house.

4. Contact the mortgage company to explain the situation. Assuming that the home will sell for enough to pay the mortgage and back interest, tell them that your intent is to get her out and sell the house in which case you hope to be paying off the debt in full. That may give you the time to arrange a sale.

[Proserpina]

Originally Posted by tootough

What is the name of your state (only U.S. law)? tennessee
My exwife and I purchased a home in 1998, she moved to Texas in 2003 and we divorced in 2004 and was granted the house in Tennessee. As soon as the divorce was final, she decides to move back to Tennessee, with a boyfriend in tow, and wanted to move back into the home. She has custody of my 3 boys and I wanted them back in the house that they grew up in so I let her. She agreed to pay 500.00 rent because I was already paying the house payment thru a Chapter 13. The first year that they lived there I rec'd 2 1/2 months rent. She moved out in 2007 and had to move back in in 2008 against my wishes because I was out of bankruptcy and my present wife and I were making the payments on the home had was wanting to put it up for sale (we couldn't do that because she would not sign the papers), well we tried to have it refinanced and taken out of her name so that she could not move back in, but due to my credit, we were unable to. She has moved back into the house, I refuse to make the payments and now the mortgage is 7 months behind. What direction do I need to take on this matter?

To do what exactly?

Are your children about to become homeless?

[apaulk]

How does the ex husband prove clear title after a property division such as this? Does he record the divorce decree at the clerk's office just like it is a deed?

In any case, mistoffolees is certainly right that you can kick her butt out the door. Her name being in the mortgage paperwork doesn't give her any ownership rights, only debt obligations.

[mistoffolees]

Originally Posted by apaulk

How does the ex husband prove clear title after a property division such as this? Does he record the divorce decree at the clerk's office just like it is a deed?

He needs to get a signed quit claim deed. If she refuses to sign it, go back to court to get an order for her to sign it (I would also ask for her to pay the attorney's expenses).