Can I sue to regain my American Dream?

[SteveMPA]

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

In 2002 my ex-wife and I seperated after 16 years of marriage. This seperation came unexpectedly as she had been unfaithful.

At the time of the split, I agreed to move out of our home, and leave my two sons in her custody. I agreed, to pay her $800 a month in child support. This was not court ordered but more of a handshake agreement. I know I was paying more than I should, but agreed as I felt that paying her that much would allow her to continue to make the mortgage and car payments. She agreed to file and pay for the divorce as she was the one that wanted it.

I got an apartment and got on wth rebuilding my life. In 2005 I filed and paid for the divorce as I had met someone and wanted to get married. My ex wife has also since remarried.

My wife and I have begun the process of trying to buy a home. It was during this process that I found that my ex allowed our former family home to go to foreclosure and be sold by the Sheriff. The car was also repossessed. She never told me that these actions were occurring, and my name was still on the loans, which she agreed to pay with the extra money she received from me in child support. I overpaid her $800 a month faithfully, trusting her, to make sure that the kids had all they needed, including a home and transportation. I now have a court order for support of a little under $600 a month.

She now lives in a beautiful home with her new husband, and I and my wife live in a very small apartment. The Sheriff sale charged off the mortgage, but I have a bank now demanding that I pay the loan off on the car that was repossessed in order to clear my name. This car, I never even drove!

Is there anything I can do as far as suing my ex for this damage done to my credit? Can I attach a claim of pain and suffering? This is so unfair. I am a Veteran and cannot even use my VA benefit to purchase a home, thanks to what she has done. I have spoken to many lawyers about this, and they all tell me that since my name was still on the loans that there really isn't anything I can do. I refuse to believe that something this unfair can actually be my fate. She withheld information that damaged my future. She literally stole the American Dream from me. Can I sue?

Any help or advice is truly appreciated.

Thank you and have a great Thanksgiving.

Steve from PAWhat is the name of your state (only U.S. law)?

 

[Zigner]

You already had a law suit - back in 2005. Remember?

These issues were decided during the divorce. What does your divorce say with regard to these issues?

 

[SteveMPA]

I live in Pennsylvania, we have no fault divorces here. There was no settlement of property, besides at that time she had already lost the house and didn' t tell me about it.

 

[Zigner]

I live in Pennsylvania, we have no fault divorces here. There was no settlement of property, besides at that time she had already lost the house and didn' t tell me about it.

I seriously doubt there was no property settlement. In any case - see my prior answer.

 

[SteveMPA]

You can "seriously doubt" all you want. This was a no fault divorce and there was no property settlement, or division of property for that matter. She and I agreed when I left that if she should sell the house it would be a mutual decision between the two of us and that the sale price would be split. She let it go to Sheriff sale and never consulted me. As I stated before, I found out a year or so after the fact.

 

[Shay-Pari'e]

You can sue her, but you will not win.

Please listen to what has been told to you.

 

[Ohiogal]

You can "seriously doubt" all you want. This was a no fault divorce and there was no property settlement, or division of property for that matter. She and I agreed when I left that if she should sell the house it would be a mutual decision between the two of us and that the sale price would be split. She let it go to Sheriff sale and never consulted me. As I stated before, I found out a year or so after the fact.

Sorry but the divorce settles all property. If nothing was said then each of you were responsible for the property in your name that you had the loan for. In other words you owe what loans your name was on. End of story.

 

[Gracie3787]

You can "seriously doubt" all you want. This was a no fault divorce and there was no property settlement, or division of property for that matter. She and I agreed when I left that if she should sell the house it would be a mutual decision between the two of us and that the sale price would be split. She let it go to Sheriff sale and never consulted me. As I stated before, I found out a year or so after the fact.

The only way that property wouldn't have been included in the divorce is if both of you were pro-se and you had a lazy Judge who didn't question anything. Or, it's also possible that the 2 of you lied and stated that there wasn't any property. Either way, you screwed up at that time and are now paying the price. Not much you can do now except take all of your court orders to a local attorney for a consult.

 

[pa1981]

My ex and I filed for a both-Pro-Se no fault divorce in Pa, and he is right in that they won't require a property settlement.

However, there were at LEAST 6 papers in the giant mound of paperwork that we each had to notarise showing that we understood that we would lose the right to divide any property or sue for spousal support if we didn't do it during the divorce. Our property settlement just said "Each retains any and all obligations and debts in their own name" but I was told that this would have been the default if we had filed no property settlement.

So yeah, dude's SOL.