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Deed issues with ex-husband

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FrustratedMama

Junior Member
What is the name of your state? New Jersey

This is quite a situation I have here, that unfortunately I don't have the finances to handle through a lawyer at the time. I've also been burned by my last lawyer who worked pro bono (I should have expected it).

Long story short, my ex husband and I moved into our house in 1976. It has been in both of our names since then. We have three children who are all adults now. On August 28, 1998, he moved out (claiming he was forced out) after a physical altercation between he and my daughter. A few months later he relocated to Florida and in 2000 filed for divorce in Florida.

The lawyer that worked pro bono for me never responded to the paperwork and the filing was defaulted and apparently the divorce was granted to him although I never received any paperwork saying so. The division of assets was never address, nor was alimony. I've tried to speak to him over the last 8 years to sign the house over to me, but he refuses to conquer the residual issues post-divorce.

Doing the math, I can understand why. He will only sign the house over if I sell it, but as the mortgage we have has been paid off, and I don't want to move, I can't understand why he won't just sign it over as he is now remarried and living happily while the house here is falling apart (he won't sign any loans either to get work done on the house).

According to NJ state law, he would receive half, minus what I've paid since he left. We had just opened a third mortgage, paying off his credit card bills and the previous mortgage, a month before he left. He has not made a single payment on this mortgage, and I have paid a total of $56,223 since then. Our house was valued at $100,000, which means in theory he would owe me $6,223. This doesn't include the $35,000 spent on taxes as well as $3,000 in homeowners insurance since he left.

I am out of work currently and while job hunting have relied on my sons to help pay the bills as they still live here. I would be more than appreciative for any advice on what I can do on my own to try and get his name removed from the deed. He doesn't understand that he isn't entitled to anything at this point and that he actually owes me almost $50,000.

Thank you!
 


seniorjudge

Senior Member
Hire a lawyer.

File a partition suit.

The court will sell it on the courthouse steps.

Anyone can bid.

Him.

You.

Me.

You will then split the proceeds (if any).
 

LindaP777

Senior Member
I would check first to make sure the divorce was final. It's odd you never recieved any paperwork. And odder still, no property was ever addressed or settled as part of the divorce. How weird would it be to fine out you two are still married? Wonder what his new wife would think?
 

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