Divorced with no property settlement

[Susanj]

What is the name of your state? North Carolina

My Husband and I were sep in 1999 divorced 2001 with no property settlement. My children and I have occupied this house ever since and I have made all the mortgage payments, Property tax, etc... he is now threatening to force a sale and get what he thinks is his "half" of the equity. The mortgage and the deed is in both our names. I'm not sure what to do.

[BelizeBreeze]

Originally Posted by Susanj

What is the name of your state? North Carolina

My Husband and I were sep in 1999 divorced 2001 with no property settlement. My children and I have occupied this house ever since and I have made all the mortgage payments, Property tax, etc... he is now threatening to force a sale and get what he thinks is his "half" of the equity. The mortgage and the deed is in both our names. I'm not sure what to do.

Did the thought of speaking with a local attorney about filing for a property settlement from the date of divorce occur to you?

as for CAN he do it, the answer is yes. It's called a partition suit.

[nextwife]

If his equity was still tied up in the house all that time, he is entitled to file to compel sale or cash out refi of his interest. You, not he, was occupiying the property, so why is the idea of you making the mortgage paymnents for the place you get use of, as residence, so outrageous?

[Susanj]

Yes, the thought had occured to me but unfortunately after to speaking to several attorneys at that time the minimum amount of retainage they were requesting was $5000.00 and I simply did not have the money.

[Susanj]

The thing is ..in 1999 we refinanced this house, paid off his truck and upped the mortgage by 100.00 a month for 30 years. He left a couple of months after we refinanced. He got the truck and I got left with an outstanding IRS tax bill that I had to pay over many years. (he didnt have a bank account to lien) Outrageous because I have paid for all repairs, all upkeep and all property taxes since 1999.

[lwpat]

Outrageous because I have paid for all repairs, all upkeep and all property taxes since 1999.

You have also lived in the house all that time. Consider another refinance and offer him a settlement for his share of the equity he had in the house. Delaying will only make it worse.