Property settlement rights

[wantinganend]

What is the name of your state (only U.S. law)?IL
My ex and I are divorced. The maritial house has been ordered by the judge to be sold and split 50/50. Neither of us live in the house, and it has been painted, cleaned, and listed for sale. The house has been vacant for 10 months. My ex is not cooperating with paying his half of the mortgage, and ordered our daughter to change locks on the house while it was listed for sale. Our daughter has her own apartment, but my ex doesnt like where she is living. Now he is attempting to move her into the house as a "caretaker." She smokes, owns a dog, and left much mess when she vacated 10 months ago. I am against anyone moving into the house, and want it kept market-ready for sale. My ex and I are both on the mortgage, and co-owners of the house. Does he have a right to move someone in without my permission?

[JETX]

Originally Posted by wantinganend

Does he have a right to move someone in without my permission?

Absent a prohibition noted in the family court order.... yes.
Just as you could move someone in.

[wantinganend]

Does this not hinder the sale?? What about encumbering? Changing locks?
What do you suggest I do? I just want to sell the home, or at least get myself cleared from the mortgage. This is the last thing tying me to my ex.
The bills due on painting and cleaning are yet to be paid, and my ex is refusing to pay his half of the mortgage.
Am I suppose to face yet another hit to my credit not knowing if the mortgage is getting paid?

[JETX]

Originally Posted by wantinganend

Does this not hinder the sale??

Of course it could.

What about encumbering?

What about it??

Changing locks?

Of course, as a co-owner, you can change the locks.... then the OTHER co-owner can change them again.... then YOU can change them.... ad nauseum.

What do you suggest I do?

I suggest you try to negotiate a resolution to the problem. If you are not able to, then you will likely need to decide whether to return to court to get an order to sell WITH A SPECIFIC date!!

Am I suppose to face yet another hit to my credit not knowing if the mortgage is getting paid?

We can't read your family court order.... so have NO idea what it might, or might not, say as to the disposition of the property. You haven't said anything about a 'time of essence' clause, so presumably there is no mention in the order as to when the property is to be resolved. In my opinion, this would be a short-coming by your attorney to have NOT 'closed that door'.
You need to READ the order and see if there is a clock running. If so, then you might need to file a 'Motion to Show Cause' and bring your ex before the court to explain his delays.

[wantinganend]

No, there was no time of essence. I am guessing this means my ex can hinder the sale by his actions, and there is nothing I can do about it? There is also no mention of who is responsible for paying the mortgage, so I can pay all if I want to keep it from ruining my credit? Where does this end? What if anything can I do if my ex refuses to try and resolve this? He wanted the house given to him, and have me walk away. I have too much invested in this house to give in to his greed. What happens to the painter and cleaner when the house doesnt get sold for them to get paid? I appreciate you taking the time to answer me. The divorce settlement was very open ended, and yes I did had a terrible attorney. So what now? Can I go back before the judge, and try to have some lose ends tied up? Is it too late for this now? What, if anything, can be done for me to have some closure to this? My ex does have to continue to agree to list the property for sale--yes?

[JETX]

Originally Posted by wantinganend

Can I go back before the judge, and try to have some lose ends tied up? Is it too late for this now? What, if anything, can be done for me to have some closure to this?

Best suggestion... get another attorney and discuss your concerns with him/her. This might be resolved with a simple '2x4 letter' to your ex. A 2x4 letter is one where you hit him 'upside' the head with it to get his attention!!

[wantinganend]

I have contacted a lawyer. A brief history: My ex appealed the divorce settlement, and I didnt want this lingering on forever. Therefore I properly changed lawyers because I felt the lawyer who handled my divorce case didn't act in my best interest. I asked my new attorney to force my ex's attorney to set the appeal to trial. My ex backed-off and settled promptly. This lawyer did what I asked her to do, and returned what was left of my retainer fee. I thought this was it. The last thing left was selling the house. It was painted, cleaned, vacant, and listed for sale until my ex pulled his stunt of moving someone in. Therefore, I contacted this same lawyer again several times, but she never returned my phone calls. I followed up with a written letter explaining in detail related to this problem. I again called her twice more, but she continues not to answer my phone calls. I remember this lawyer mentioning she was also the lawyer representing the bank who holds the mortgage to this house, and feared conflict of interest. She informed me this was not a problem as long as the mortgage was not in jeopardy of foreclosure. I assured her I would not allow this to happen, and would pay the mortgage myself to prevent this. The mortgage payments are up to date. I felt she could have at least called me back one way or the other. I respect and trust this lawyer, and dread seeking another blindly. I would like to learn more about this 2x4 letter because my ex needs a wake- up call. He feels he is above the law, and has total disregard for any authority. I have bent over backwards to follow the legal rules, and seem to get burnt over and over again. Please tell me more about this 2x4 letter. Obviously, I will need a lawyer to accomplish this, but according to this site none are available in Effingham, IL. Can you tell me more about the letter, and perhaps recommend a lawyer willing to help me? I sincerely appreciate the time you took to reply to me. Thank you very much. Looking forward to hopefully hearing from you again soon.