Tax filed after divorce papers served

[Ohiogal]

Why aren't you having YOUR MAIL forwarded? Your attorney should be able to file for an emergency hearing however if he is not following court orders you can't really think he will start now. The house is pretty much gone unless YOU come up with the money.

 

[Sw3tflower]

I do have my mail forwarded. But mail in both our names is not forwarded unless he agrees to have it forwarded. The mortgage is in both our names, mail is addressed to both of us.
The post office is not all that efficient either. More often then not they do not forward my mail.
If I had been aware he was not paying the mortgage or taxes I would have found a way to keep up with the payments. As it is I am not able to come up with the over $10,000 I need by the 6th. He told the court under oath he was up to date....there was no reason to believe otherwise.

 

[mistoffolees]

I do have my mail forwarded. But mail in both our names is not forwarded unless he agrees to have it forwarded. The mortgage is in both our names, mail is addressed to both of us.
The post office is not all that efficient either. More often then not they do not forward my mail.
If I had been aware he was not paying the mortgage or taxes I would have found a way to keep up with the payments. As it is I am not able to come up with the over $10,000 I need by the 6th. He told the court under oath he was up to date....there was no reason to believe otherwise.

It's unlikely that you're going to get a court order by the 6th. That leaves just one option that I can see: Call the bank and explain the situation to them and ask if you can have a little more time since you just became aware that there was a problem.

They may not work with you, but it's worth a try because they might.

 

[Sw3tflower]

foreclosure

This is probably off the wall but I am trying to minimize my debts.
Our house is either being foreclosed or short sold soon. The debts are divided between us. However, my husband had me sign a prenupt saying he put the down payment on the house ($30,000). Would this make a difference in how the debts were divided? When he wrote up the prenupt he did so with the intention of getting back his $30,000 when we sold it.
Would this also impact how the debts are divided? Would he be liable for a larger % of the debt?

 

[Ohiogal]

This is probably off the wall but I am trying to minimize my debts.
Our house is either being foreclosed or short sold soon. The debts are divided between us. However, my husband had me sign a prenupt saying he put the down payment on the house ($30,000). Would this make a difference in how the debts were divided? When he wrote up the prenupt he did so with the intention of getting back his $30,000 when we sold it.
Would this also impact how the debts are divided? Would he be liable for a larger % of the debt?

No. YOU might be responsible since he would get credited with 30k off the top.

 

[LdiJ]

This is probably off the wall but I am trying to minimize my debts.
Our house is either being foreclosed or short sold soon. The debts are divided between us. However, my husband had me sign a prenupt saying he put the down payment on the house ($30,000). Would this make a difference in how the debts were divided? When he wrote up the prenupt he did so with the intention of getting back his $30,000 when we sold it.
Would this also impact how the debts are divided? Would he be liable for a larger % of the debt?

Had there been any equity in the home that prenup might have given him a priority claim on the first 30k of the equity, but it should not have any impact on any of your other marital debts. Those should be divided 50/50.

 

[Sw3tflower]

help with debt

Thankyou.
Another contempt charge was filed against him today for not listing the house for sale. This makes the second. (the first was for liquidating our Pension Profit Sharing funds after ordered not to).The court ordered the house to be listed for sale back in Dec I signed a listing agreement but he refuses to. He is determined to remodify the loan. He has already been refused once and the bank will not not let me be taken off the mortgage. We are losing $2800/month for every month we own the house.
As of today he (he was ordered by the court to pay the mortgage) is 90 days late with the mortgage payment.
I know the bank will hold me responsible for the loan, but can the judge order my husband to compensate me or pay part of my debt to the bank because his refusal to follow court orders is driving up the debt?

 

[LdiJ]

Thankyou.
Another contempt charge was filed against him today for not listing the house for sale. This makes the second. (the first was for liquidating our Pension Profit Sharing funds after ordered not to).The court ordered the house to be listed for sale back in Dec I signed a listing agreement but he refuses to. He is determined to remodify the loan. He has already been refused once and the bank will not not let me be taken off the mortgage. We are losing $2800/month for every month we own the house.
As of today he (he was ordered by the court to pay the mortgage) is 90 days late with the mortgage payment.
I know the bank will hold me responsible for the loan, but can the judge order my husband to compensate me or pay part of my debt to the bank because his refusal to follow court orders is driving up the debt?

A judge could, but where is the money going to come from if he can't pay the mortgage now, and has liquidated the pension money?

I hate to say this, but you may be looking at bankruptcy.

 

[mistoffolees]

A judge could, but where is the money going to come from if he can't pay the mortgage now, and has liquidated the pension money?

I hate to say this, but you may be looking at bankruptcy.

Maybe. If he has sufficient retirement assets, she may have an option.

The bank can't go after any retirement money he might have, nor can they get it by foreclosure. Most retirement savings (up to $1 M or something like that) are also protected in bankruptcy proceedings.

HOWEVER, the divorce court CAN order him to transfer some retirement money to her as a property division issue. If he has not followed through on his obligations, she can ask the court to re-open the property division and give her enough of his retirement savings to cover what he owes her.

Her credit is still going to be shot, but she may be able to avoid bankruptcy.

 

[Sw3tflower]

Real estate and divorce question

I'm not sure where to post this but you have my financial history so I thought I would give it a try.
My husband (we are legally seperated) and his brother (real estate attorney in another state) have modified the house listing agreement I signed and will sign if I agree to the changes.
He is still 2 months behind on the mortgage and has not paid the property taxes yet.
The modifications include the clause;
'Subject to approval of mortgage holders to accept a short sell as payment in full of all existing loans and to pay all compensation to broker'
Clause that has been removed is;
'Unless otherwise specified in writing seller is unaware of any notice of default recordered against the property, any deliquent amount due under any loan secured by, or other obligation affecting the property, and bankruptcy or other proceeding affecting the property, any litigation, arbitration, government investigation or other pending or threatened action that affects or may affect the property or sellers ability to transfer it, and current, pending or proposed special assessments affecting the property. Seller shall immediatelly notify broker in writing if seller becomes aware of these during the listing period'
We have 1 lien that my attorney has placed on the property, plus my husband owes the IRS quite a bit of money but he says 'What liens?' and refuses to admit it.
Also removed is a clause stating;
'if occupant cannot maintain the house and keep the house clean during listing period when potential buyers will be shown house, occcupant must vacate house immediatelly'.
My husband is destroying the house and now has our drug addict daughter living there with him.
The judge ordered the house listed months ago. He does not want to sell and keeps making up excuses. Will these modifications make it impossible to sell the house? I am not inclined to sign and think the court should be informed and make the decision.
He also wants to pay an agent $4500 to check into another re mod. He was already turned down once so I think it is a gamble and a waste of money.
Finally, he has taken possession of my car and I am not allowed to drive it. (I live in another city). His broke down. The title lists 'wife OR husband' as owners. Can I sell the car without his permission? I have the title in my possession. I need to pay rent and transportation to 2 court ordered vocational evaluations that are 100 miles away.
His contempt hearing is next week.
It is a nasty and financially draining divorce but it was an abusive marriage.

 

[LdiJ]

I'm not sure where to post this but you have my financial history so I thought I would give it a try.
My husband (we are legally seperated) and his brother (real estate attorney in another state) have modified the house listing agreement I signed and will sign if I agree to the changes.
He is still 2 months behind on the mortgage and has not paid the property taxes yet.
The modifications include the clause;
'Subject to approval of mortgage holders to accept a short sell as payment in full of all existing loans and to pay all compensation to broker'
Clause that has been removed is;
'Unless otherwise specified in writing seller is unaware of any notice of default recordered against the property, any deliquent amount due under any loan secured by, or other obligation affecting the property, and bankruptcy or other proceeding affecting the property, any litigation, arbitration, government investigation or other pending or threatened action that affects or may affect the property or sellers ability to transfer it, and current, pending or proposed special assessments affecting the property. Seller shall immediatelly notify broker in writing if seller becomes aware of these during the listing period'
We have 1 lien that my attorney has placed on the property, plus my husband owes the IRS quite a bit of money but he says 'What liens?' and refuses to admit it.
Also removed is a clause stating;
'if occupant cannot maintain the house and keep the house clean during listing period when potential buyers will be shown house, occcupant must vacate house immediatelly'.
My husband is destroying the house and now has our drug addict daughter living there with him.
The judge ordered the house listed months ago. He does not want to sell and keeps making up excuses. Will these modifications make it impossible to sell the house? I am not inclined to sign and think the court should be informed and make the decision.
He also wants to pay an agent $4500 to check into another re mod. He was already turned down once so I think it is a gamble and a waste of money.
Finally, he has taken possession of my car and I am not allowed to drive it. (I live in another city). His broke down. The title lists 'wife OR husband' as owners. Can I sell the car without his permission? I have the title in my possession. I need to pay rent and transportation to 2 court ordered vocational evaluations that are 100 miles away.
His contempt hearing is next week.
It is a nasty and financially draining divorce but it was an abusive marriage.

I don't feel comfortable trying to answer your real estate question, but if the car was awarded to you in the divorce, or is the car that you have always driven, I would bring that up when you are in court, and try to get the judge to order him to return the car to you.