Ex not paying bill wants to deed home

What is the name of your state? CA - Few questions...A little background first. We agreed in our divorce that whom ever lived in the home would pay the bills. He is living in the home and is now saying that he can't afford it and not going to make the April house payment and is going to fill out the papers to deed the house to the bank. He says he can do this since he's living there and there's nothing I can do. I can't afford to live there either. We also agreed that if either of us lived in our joint owned motorhome that that person would take full responsibility for the motorhome. He plans on living in the motorhome after giving the house up. He is now saying that he'll take over full responsibility of the motorhome (has a negative equity) if I drop either spousal support or what he owes me in his 401K. Since this just happened I haven't pulled out our paperwork to see what it actually says...he claims that it doesn't say anything about our motorhome agreement (I know it was agreed upon verbally but not sure the wording in paperwork).

1) I've heard that I can deed the home to him - how do I do this and how does this protect me? Does he have to agree?

2) If the paperwork doesn't say anything about the motorhome (living in it) situation, can he continue to ask me to pay for 1/2 of it's payment and live in it?

3) If it comes down to that I have to give up support or 401K, which would it be most benificial for me to keep? 401K is worth $10,000 - support is worth $16,000 if I continue it for the next 3 years (not getting married or if he tries to get it dropped/reduced). I would assume the 401K because I have to claim support on my taxes and IF I do get married again (not planning on it) or there are any other changes then I could loose it completely AND still not have the 401K.

Not sure if these questions are posted under the correct forum.What is the name of your state?What is the name of your state?

You state that you have a divorce agreement. If it has been finalized by the court, then you have to do exactly what the agreement says. Neither of you has the freedom to change it.

However, the rest of your questions make it sound like you only have an agreement between the two of you and the divorce is not final. The rest of my comments assume that is the case.

If it were me, my first step would be to gather up all the documents and take them to a local attorney. I know a lot of people think they can't afford an attorney, but IMHO, you can't afford NOT to have an attorney in all but the very simplest of cases.

In the end, nothing that the two of you have agreed to means very much until signed off by the court. You're basically going to start with a clean sheet of paper.

Now, if you CAN reach an agreement on everything and present that agreement to the court, it's often much better, but until that happens, he's free to change his mind at any time.

The real estate could get particularly complicated because it depends on whose name is on the deed, whether the home was purchased before the marriage and by whom, and so on.

Divorce has been final. He wants to I guess make a "deal" and agree to change the 401K/support issue.

We bought the house together. I moved out 9 months ago. We are both still on the title because it's been on the market (per divorce house is to be sold dividing 50/50 and whom ever lives there pays the bills...house payment, insurance, utilities).

diz said:

Divorce has been final. He wants to I guess make a "deal" and agree to change the 401K/support issue.

We bought the house together. I moved out 9 months ago. We are both still on the title because it's been on the market (per divorce house is to be sold dividing 50/50 and whom ever lives there pays the bills...house payment, insurance, utilities).

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If divorce is final, then I would strongly encourage you not to work side deals. You might work something out, and then he could take you to court for contempt - and deny ever making a deal.

If the agreement says that whoever lives there pays the bills and he's living there, he has to pay the bills. Although that seems like a very strange decree. What if he moves out? No one pays the bills?

Very strange. In any event, it seems like your best hope is to pray for a buyer and do everything you can to get it sold - even though the timing stinks.

mistoffolees said:

If divorce is final, then I would strongly encourage you not to work side deals. You might work something out, and then he could take you to court for contempt - and deny ever making a deal.

If the agreement says that whoever lives there pays the bills and he's living there, he has to pay the bills. Although that seems like a very strange decree. What if he moves out? No one pays the bills?

Very strange. In any event, it seems like your best hope is to pray for a buyer and do everything you can to get it sold - even though the timing stinks.

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I agree, and I will add that he cannot deed it back to the bank on his own. He needs your signature on the paperwork.

You need to do whatever you can to get the house sold. A foreclosure or short sale will really tank your credit.