Ex Foreclosure

[daggio]

What is the name of your state (only U.S. law)? Connecticut

I've been divorced for 2.5 years and recently discovered my Ex is foreclosing on the home awarded to her in the decree. I quit-claimed the house, however my name is still on the note. I was awarded 25% from the proceeds of a sale. The decree states she must pay the mortgage, etc. and those amounts were factored into my support obligation. I plan to file a motion of contempt for her failure to pay the mortgage as instructed in the decree.

I know this topic has appeared on this forum, however, my question is how would the judge rule on the contempt? Would the judge reduce my obligation because there is no mortgage? What about losing the 25% from a sale? I'm just trying to get a high-level view from anyone that has gone through this and what the outcome was.

Thanks for your help!

 

[mistoffolees]

What is the name of your state (only U.S. law)? Connecticut

I've been divorced for 2.5 years and recently discovered my Ex is foreclosing on the home awarded to her in the decree. I quit-claimed the house, however my name is still on the note. I was awarded 25% from the proceeds of a sale. The decree states she must pay the mortgage, etc. and those amounts were factored into my support obligation. I plan to file a motion of contempt for her failure to pay the mortgage as instructed in the decree.

I know this topic has appeared on this forum, however, my question is how would the judge rule on the contempt? Would the judge reduce my obligation because there is no mortgage? What about losing the 25% from a sale? I'm just trying to get a high-level view from anyone that has gone through this and what the outcome was.

Thanks for your help!

In principle, your ex should reimburse you for any harm that you suffer due to her contempt. If you can PROVE (not just guess) that the home had a certain value and your 25% of the equity would have had a certain value but your ex made it impossible for you to collect, then you could win a judgment for that amount.

In theory, you might win a judgment for the harm to your credit rating, but that would be so hard to quantify that it's probably not worth pursuing in practice.

If there is a significant change in her living expenses, then it is possible to re-open the spousal support question. However, she'll still need to rent a place to live, so she might not reduce her cost of living as much as you think.

You will not be able to get a change in child support on this basis.

For other readers: Do NOT sign a quit claim until your name is off the mortgage. I would go one step further and say that only in very limited circumstances should you consider leaving your name on the mortgage at all. If your stbx can't refinance in his/her own name, then ask for the house to be sold so they can buy something they can afford.