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JackieG

Guest
the Divorce decree states that the home shall be sold in a reasonable amount of time. Any profit after the common debt was paid was to be split equally. He was ordered to make all house payments until it was sold and to pay on any community debt while house was still on Market. Decree also stated that I was to recieve half of his 401k retirement if he ever withdrew it, which he did but i was forced to sign off on that because of his threats of legal action againt me if I did not. Threats to sue me for half of the community debt. we only have had 2 offers on the home and the 1st we both agreed to not accept because it was to low of an offer. This past April I was notified that if I did not sign a QCD on the home then I would be held in contemt of court for not agreeing to the offer that was pending this time. I did not disagree w/ the sale just the way it was written and the fact that we would still be on the mortgage. I was called to the state of Idaho to appear in court, but it was settled out of court, My attorney advised that i sign the QCD because the ex's attorney stated the sale of the home was pending on my signing it, and the fact that I could have been liable for half of the community debt which was part of the Comtempt comlaint brought against me by the Ex. So under duress i signed the QCD thinking that would be the end of it and the house would sell and I could wash my hands of this matter. Now I have found out that the sale did not go through because it was a non-assumable mortgage, which we all new. My attorney advised the Ex's attorney the he had 30 days to either sell or refinance the home to get me off the mortgage. Thier response to our letter was that it was my fault the sale did not go through becasue i took so long to sign a QCD. Not true at all. The Ex has told so many lies that he has everyone buffaloed. I was told that he and his new wife intend on paying off that mortgage at the end of Oct. this year but they do not have to if they so choose So because he refuses to refinance, and is using the community debt thing against me again, I have to sit here and hope he does not default because i will be liable if he does. One Great Big Pain in the ASS. I have given in to all his demands because i had no legal representation. I have tried to walk away from this and cut my losses but he keeps throwing this crap at me, so you see why I have this dilemma. He has gotten everything and the house was all I had left to get anything out of the 10 year marriage that he chose to leave. There was nothing in the agreements made this past April to have him refinance the home, and I did not know at that time that by signing the QCD did not take me off the Mortgage, still we had no reason to do that because My attorney and I understood that the house would be sold. What Now !!!!! ??????
 


T

Try this

Guest
Try the Real Estate or Bankruptcy boards, they may be able to help you.
 

LegalBeagle

Senior Member
Jackie, I really do not think I am going to be able to help and do a reply any justice. There are too many varibles and to much has happened. I am currious about what your attorney is telling you today.

What I am really curious about is why you signed over half of your 401k when it was court ordered. Reading between the lines it is almost like you are providing him a nice rug to walk on.

You might want to repost this (with paragraphs) in the Real Estate board if IAAL is unable to jump in and offer any advice.


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Psst... I do not work for Macdonald’s or Burger King, and even if I did, I would not tell you. For sloppy bread, tired tomatoes, frozen onions, watered down mayonnaise and imitation meat, please find a drive through window with a person who openly admits they make that stuff.

My advice above is equal to the advice they would give if you asked that person a legal question.
 
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JackieG

Guest
I appreciate you being honet with me. It does seem as if I have given him a nice padding huh?? But because he left me w/ only making 250.00 every two weeks he knew he could slaughter me and i could not afford an Attorney.
I think my attorney does not know which way to go on this either because of all the lies that have been told, and honestly no way to prove them. Im Screwed!!!!
 

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