What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? IL
Hopefully Iím not attempting to resurrecting a dead horse, but Iíve searched the forums, and I canít find any threads that sufficiently address my questions below. Hopefully too, my questions are more appropriate for this forum, and not the Family Law forum. If so, simply indicate same, and Iíll post it there instead. OnwardÖ
My girlfriend finalized her divorce a couple of months ago [and just in case your mind is in the gutter, I met her after she filed for divorce ]. In the decree her ex-husband was ordered to quit claim the marital home to her within 30 days, but he refuses to do so. Consider the following:
1. My girlfriendís name is not, nor has it ever been on the deed.
2. The home was purchased after they were married.
3. Her ex-husband is the sole mortgagee.
4. She currently lives in the marital home with their 7 year old son.
5. She has, and continues to be the only one paying on the mortgage.
6. She spent most of her savings on legal fees, and has very little left for more.
Question: What (low-cost?) legal remedies are available to my girlfriend to enforce the courtís quit claim order other than filing a motion for him to appear in court (Iím assuming it would be for contempt of court), if any? Is her divorce decree sufficient evidence for the local authorities to act upon for enforcement (Iím assuming not)?
Question: Aside from signing the quit claim, and recording it with the county (which is Cook), is there anything else required legally to properly and fully transfer ownership of the property? Are there any financial ramifications specifically associated wirh the quit claim process which my girlfriend must be aware of and assume (i.e. aside from recordation fees) that might grossly affect her ability to see the process through? Also, if her ex-husband refuses to pay for the transfer taxes (which is very likely), is my girlfriend then in any way liable for same?
Question: Is she "legally" required (i.e. MUST she) refinance the house once the house it quit claimed to her, or, if circumstances permit, can she legally continue to pay the mortgage on her ex-husbands loan (he said he doesnít care one way or the other)? The reason I ask is that her credit was damaged just prior to her filing for divorce (her ex-husband abused their joint accounts) and itís questionable if the bank will even refinance her, and if they do, theyíll probably apply an interest rate that would put the mortgage payments out of reach (she can barely afford them now, because her ex-husband refinanced the house just prior to her filing, and took most of the equity out of the house, doubling the mortgage payments in the process).
Any other considerations I might have missed?
Any advice will be greatly appreciated.