Legal rights to proceeds on home?

[memah56]

What is the name of your state? IDAHO

I have posted this thread in the Family Law section also.

In my divorce, which we did ourselves and it was final 3 yrs. ago, I was awarded the house and it was stated in the Decree that if and when I sold the house that I would give my spouse 1/2 of the net proceeds not to exceed $10,000.

During our divorce, my spouse filed bankruptcy exempting the house.

One year after our divorce my ex took me back to court and asked the court to order me to sell the house since I was delinquent on the payments. (the loan was in his name only) The Judge told us that he (spouse) had given up any and all claims on the house when he filed bankruptcy. The Judge dismissed the case stating that my ex had NO interest in the property.

In September, 2005 I sold the house. I did not give him anything so therefore he is now suing me for contempt of court and wants his half of the net proceeds. My defense is quoting what the Judge said in the previous case.

My question is: Is the Judge correct in his findings that my ex relinquished his rights to any proceeds from the house? If the judge is incorrect, can I be found in contempt of court because I followed his advice and didn't give my ex any of the proceeds? And last but not least I would just like your opinion on this matter, especially support if any since I will be representing myself.

Thanks for any and all advice.

 

[Ladynred]

The Judge told us that he (spouse) had given up any and all claims on the house when he filed bankruptcy. The Judge dismissed the case stating that my ex had NO interest in the property.

I'm afraid that statement is simply not true. If his name is still on the deed, he still has/had rights to the property.

Did your ex REAFFIRM the mortgage in his bankruptcy ??? Even that doesn't take away his legal interest in the property, but it makes a difference with the mortgage that was in his name.

If the judge is incorrect, can I be found in contempt of court because I followed his advice and didn't give my ex any of the proceeds?

Yes, it is possible. If you have that judge's statement in writing, you can certianly present that in court .. but it may not help, depends on the judge.

And last but not least I would just like your opinion on this matter, especially support if any since I will be representing myself

Going Pro Se in something like this can be difficult. You need to have as much documentation and back up for your case as you can possibly get.

 

[memah56]

Ladyinred

Thank you so much for your advice. He signed a "quick claim" at the time of our divorce so his name was not on the deed. I have already sold the house and I didn't need his signature anywhere. I don't know how he handled the bankruptcy I wasn't involved. I do know that he said the house was "exempt". The loan was only in his name but the mortgage company said if I kept up the payments there wouldn't be a problem, which I did.

I have the minutes from the hearing where the Judge said that he gave up any interest in the property when he filed bankruptcy. I plan on submitting the minutes as an exhibit. I wish it was the same judge but it's not. The way I see it is the Judge may make me pay him his half of the proceeds but I don't see how the Judge can find me in "contempt" since it was a Judge's ruling that I was going by. I don't mind paying him his half if I have to but I don't want to have to pay his attorney fees nor do I want to go to jail.

Again, thank you so much for your input.

 

[Ladynred]

I don't see that there's any way you would go to jail. You were going on the ruling of a judge you thought knew what he was talking about.

If he quit-claimed the house before he filed bk, then he did, in fact, have no more interest in the house as an asset. He was only on the hook for the mortgage. If he didn't reaffirm that mortgage, then he was also relieved of the liability for paying it when that debt was discharged. The quit-claim removed his interest in the house - not the bankruptcy.

You can get a copy of his bankruptcy petition from the BK court - it IS public record.