Should I be looking at have a motion filed to fix a bad divroce decree?

[KCGregg]

Kansas - My ex and I wrote our own divorce decree. With regard to the hosue we live in, she is the only name on the mortgage and we are both on the title. The point of leaving the house with me, once she moved to Colorado, was so I would make the mortgage payments, she would get the good credit bureau reporting and she did not want me and my kids to move out. Since she left 7 months ago I have kept my part of the deal and made the mortgage payments, which also covers the insurance that comes from the escrow account. because of a battle we got into via emails, she has cutoff my access to any information about the mortgage. Since I am not on the note, Bank of America cannot discuss the account with me so I no longer have access review the escrow account, the current amount of the payment due, etc. Also, the decree says I am responsible for the insurance but since was the primary on our insurance policy she had it canceled and got a new policy that protects the house only, forcing me to now gets the equivalent of renter's insurance to protect my contents.

The interpretation of the decree has me responsible for everything on the house but since she is on the mortgage she has taken total control and has cutoff my access while still having me make the mortgage payments. Can I file a motion to modify the decree to include wording that would force her to provide me with information relating to the mortgage and insurance?

 

[Ohiogal]

Kansas - My ex and I wrote our own divorce decree. With regard to the hosue we live in, she is the only name on the mortgage and we are both on the title. The point of leaving the house with me, once she moved to Colorado, was so I would make the mortgage payments, she would get the good credit bureau reporting and she did not want me and my kids to move out. Since she left 7 months ago I have kept my part of the deal and made the mortgage payments, which also covers the insurance that comes from the escrow account. because of a battle we got into via emails, she has cutoff my access to any information about the mortgage. Since I am not on the note, Bank of America cannot discuss the account with me so I no longer have access review the escrow account, the current amount of the payment due, etc. Also, the decree says I am responsible for the insurance but since was the primary on our insurance policy she had it canceled and got a new policy that protects the house only, forcing me to now gets the equivalent of renter's insurance to protect my contents.

The interpretation of the decree has me responsible for everything on the house but since she is on the mortgage she has taken total control and has cutoff my access while still having me make the mortgage payments. Can I file a motion to modify the decree to include wording that would force her to provide me with information relating to the mortgage and insurance?

Word for word what does the decree state regarding the house? Leave out the names.

 

[KCGregg]

Decree says "The house and land is assigned to HUSBAND who shall be responsbile for the payment of mortgage loan and shall hold the other harmless on that debt."

We added a Letter of Agreement that we had recorded with the decree that was approved by the judge. With regard to the house it says:


"Beginning with the October, 2010 mortgage payment, Gregg will be responsible for all future mortgage payments, HOA dues, maintenance of the property and any household related expenses.

 

[LdiJ]

Kansas - My ex and I wrote our own divorce decree. With regard to the hosue we live in, she is the only name on the mortgage and we are both on the title. The point of leaving the house with me, once she moved to Colorado, was so I would make the mortgage payments, she would get the good credit bureau reporting and she did not want me and my kids to move out. Since she left 7 months ago I have kept my part of the deal and made the mortgage payments, which also covers the insurance that comes from the escrow account. because of a battle we got into via emails, she has cutoff my access to any information about the mortgage. Since I am not on the note, Bank of America cannot discuss the account with me so I no longer have access review the escrow account, the current amount of the payment due, etc. Also, the decree says I am responsible for the insurance but since was the primary on our insurance policy she had it canceled and got a new policy that protects the house only, forcing me to now gets the equivalent of renter's insurance to protect my contents.

The interpretation of the decree has me responsible for everything on the house but since she is on the mortgage she has taken total control and has cutoff my access while still having me make the mortgage payments. Can I file a motion to modify the decree to include wording that would force her to provide me with information relating to the mortgage and insurance?

One way to resolve the problem would be to refinance the house into your name only.

 

[mistoffolees]

The interpretation of the decree has me responsible for everything on the house but since she is on the mortgage she has taken total control and has cutoff my access while still having me make the mortgage payments. Can I file a motion to modify the decree to include wording that would force her to provide me with information relating to the mortgage and insurance?

Yes, you can do that.

Or, you can simply refinance in your name and have her sign a quit claim deed.