Help!

My ex-wife and I bought a house in Florida in 92, we were already divorced and I used my VA for the loan...however we are joint on the loan. In 94 we split up for good and I allowed her to continue to live in the house with the agreement I would continue paying the mortgage until my daughter turned 18 and graduated high school. I continued paying the loan until Dec 98, at which point my ex took over payment. I have since remarried and purchased another house, recently I ordered a credit report and found my ex has not been paying the mortgage timely, in fact she is 4 months behind and after speaking with the lender been advised the home is close to foreclosure, after speaking to the ex she only says the lender is lying. MY QUESTION is do I have the right to throw her out or take legal action against her for not holding up the agreement?

Did you have a written agreement with your ex? Even if you did not, you probably can eventually force her out, but you will need to get the courts involved.

You can not just throw her out. You will need to evict her. There are specific procedures that need to be followed.

Immediately start making the mortgage payments, or work some arrangement out with the mortgage company. As always, everything should be done in writing.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein (offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.