Mr Nice Guy

[Mr Nice Guy]

What is the name of your state (only U.S. law)? Texas

In my divorce decree dated Feb. 2010 My spouse was awarded the house, she was to get financing at once, she has not done so, she has no income nor did she at time of divorce. Her daughter moved in with her to help her pay the bills. In Feb. 2011 she moved out of the house to another state, leaving her daughter to pay the bills. Her daughter is moving out and informed me of this today, asking if I want to move back in because her mother stated she has no intentions of paying the mortgage. What can happen if I move back in and start making payments? I can't afford rent and mortgage.

I was ordered to sign deed over to my ex in the divorce decree. I have been informed by the mortgage company (my bank) and attorneys, and Realtor, not to sign this until she has gotten financing because I am still liable for the mortgage. I can not get another mortgage because of this one is still in my name until she gets financing or sells it, which she stated she won't do.

In March of 2010 she threatened me with contempt so I sent certified letters to her, her attorney and the judge stating that I would gladly sign the deed at the closing so I know that my name is no longer on the deed. I heard nothing in response. I am trying to move on with my life but can't with this mortgage hanging over my head...I can't afford an attorney, I have talked with one and he said since the decree doesn't give a date at once is open ended so I am screwed...am I really??? Is there anything I can legally do???

I feel she abandoned the house and I am willing to take it back and make the payments to keep from ruining my credit even more is there a way to do this legally?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

In my divorce decree dated Feb. 2010 My spouse was awarded the house, she was to get financing at once, she has not done so, she has no income nor did she at time of divorce. Her daughter moved in with her to help her pay the bills. In Feb. 2011 she moved out of the house to another state, leaving her daughter to pay the bills. Her daughter is moving out and informed me of this today, asking if I want to move back in because her mother stated she has no intentions of paying the mortgage. What can happen if I move back in and start making payments? I can't afford rent and mortgage.

I was ordered to sign deed over to my ex in the divorce decree. I have been informed by the mortgage company (my bank) and attorneys, and Realtor, not to sign this until she has gotten financing because I am still liable for the mortgage. I can not get another mortgage because of this one is still in my name until she gets financing or sells it, which she stated she won't do.

In March of 2010 she threatened me with contempt so I sent certified letters to her, her attorney and the judge stating that I would gladly sign the deed at the closing so I know that my name is no longer on the deed. I heard nothing in response. I am trying to move on with my life but can't with this mortgage hanging over my head...I can't afford an attorney, I have talked with one and he said since the decree doesn't give a date at once is open ended so I am screwed...am I really??? Is there anything I can legally do???

I feel she abandoned the house and I am willing to take it back and make the payments to keep from ruining my credit even more is there a way to do this legally?

File a motion to get the house back and reopen that portion of the divorce due to the fact that she is supposed to pay the mortgage and won't.

 

[Mr Nice Guy]

File a motion to get the house back and reopen that portion of the divorce due to the fact that she is supposed to pay the mortgage and won't.

Her daughter has been paying the mortgage, the daughter informed me today that she will not be paying December's payment or anymore payments.

How do I file a motion to get house back and reopen that portion of the divorce?
The attorney I spoke with didn't mention this and He wants a minimum of $3000 to do anything. His advice was to file contempt and sell the house, I live in small town Texas, houses are not selling for anything around here. Like I said before I would be willing to take house back. Thanks for any help.

 

[Mr Nice Guy]

Oh, the attorney I talked with informed me if I filed contempt on her she could file contempt on me stating I have not signed the deed to her, other than not having 3000.00 to pay anyone, why would I pay him or another attorney to file this if it is going to get me no where? I sure could use some help, I don't want the payment to be late, and if I can legally move into the house and pay it until this is settled I will, just to keep from defaulting on the loan, as stated I can not afford rent and mortgage. Thanks

 

[Ohiogal]

Oh, the attorney I talked with informed me if I filed contempt on her she could file contempt on me stating I have not signed the deed to her, other than not having 3000.00 to pay anyone, why would I pay him or another attorney to file this if it is going to get me no where? I sure could use some help, I don't want the payment to be late, and if I can legally move into the house and pay it until this is settled I will, just to keep from defaulting on the loan, as stated I can not afford rent and mortgage. Thanks

YOu need to pay December's payment if you don't want it to be late. Then you need to dig out your divorce decree and look to see if there is anything where she is going to hold you harmless and indemnify you. It may take you a couple of months or so to get this to court. And how exactly is it worded regarding the deed transfer?

 

[Mr Nice Guy]

Per the divorce decree. there is no legal description but just the address, "The husband shall sign all forms or deeds necessary to take his name off the property. The wife shall refinance the home at once." in another place in the decree it states, "IT IS ORDERED AND DECREED that the wife, xxxx, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items: W-1. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by xxxxx and xxxx, in the original principal sum payable to xxxx(bank where mortgage is owed) and secured by deed of trust on the real property awarded in this decree to the wife, which is recorded in the Deed of Trust Records of xxxxx county, Texas"

Now what can I do???

I might add that the ex wife did not work and I deployed to Iraq for a year and returned to her having spent all money, paying no bills as we agreed would be done, including paying the house off, and getting over 15 credit cards and not paying them either, I came home broke and lost all trust in her and filed for the divorce I couldn't afford an attorney she had one, I was trying to be nice and move on, she was being spiteful, (I swear she has the money somewhere but can't prove it-it was over 140,000.) she had gotten a job after I left but her attorney advised her to quit and file disability, she tried to get support but didn't get it awarded we weren't married long enough, after leaving the house and state, she lost her disability, since the house was considered income if she wasn't living in it. She has no intentions and never had any intention of paying for the house she just didn't want me to have it!

 

[LdiJ]

Per the divorce decree. there is no legal description but just the address, "The husband shall sign all forms or deeds necessary to take his name off the property. The wife shall refinance the home at once." in another place in the decree it states, "IT IS ORDERED AND DECREED that the wife, xxxx, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items: W-1. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by xxxxx and xxxx, in the original principal sum payable to xxxx(bank where mortgage is owed) and secured by deed of trust on the real property awarded in this decree to the wife, which is recorded in the Deed of Trust Records of xxxxx county, Texas"

Now what can I do???

One thing that you might do first, is actually talk to your ex. If she really doesn't want the house and doesn't intend to live there or pay the mortgage, she might simply agree that you can keep the house. If so, you can submit a stipulated agreement to the courts changing the ownership of the house to you (and therefore she would have to give you a quit claim deed) and then you can refinance the house to take her off the mortgage.

If she doesn't agree, then you need to take it back to court to try to get the judge to order the same.

 

[Mr Nice Guy]

I have sent her a message, via facebook, since her email is no longer any good and I don't have a current address for her, I also sent a message to her daughter is how I found out they were moving and she has no intention of coming back to Texas to live in the house or pay for it, she abandoned the house and left her daughter to pay for it in Feb of this year, hearsay I know but her daughter said she stated she will never give it back to me or pay for it.

Her own daughter doesn't have an address for her either just phone number.

What would happen if I moved into the house while this is trying to be settled?

 

[LdiJ]

I have sent her a message, via facebook, since her email is no longer any good and I don't have a current address for her, I also sent a message to her daughter is how I found out they were moving and she has no intention of coming back to Texas to live in the house or pay for it, she abandoned the house and left her daughter to pay for it in Feb of this year, hearsay I know but her daughter said she stated she will never give it back to me or pay for it.

Her own daughter doesn't have an address for her either just phone number.

What would happen if I moved into the house while this is trying to be settled?

Probably nothing. Its not like you are going to go to jail or anything for moving into a house that still has your name on the deed. She could take you to court for contempt, and eventually have you evicted perhaps (should she win the case) but if you point out to the judge that you only moved back in to save your (and her) credit, since she refuses to pay the mortgage, I doubt that a judge would come down hard on you. You can also file for contempt for the fact that she never refinanced the home.

 

[Mr Nice Guy]

thanks that just made my day! The mortgage payment is less than rent, I might actually be able to afford an attorney now.

 

[ecmst12]

Of course she hasn't refinanced, she wouldn't be able to qualify for a loan with no income.

 

[Mr Nice Guy]

I argued that fact with her attorney, and tried to with the judge to no avail, at first she got behind in payments but her daughter moved in to help her and then the ex left the state leaving her daughter holding the bag. I knew she wasn't going to refinance from the get go and so did she, she took me for a ride and I was to nice to see threw her shenanigans until I came back from Iraq. Not like we were kids she is 62 I am 52 didn't see it coming till it hit me smack dab in the face...Lesson learned the hard way!!! Her daughter said I wasn't the first one and probably won't be the last one.

 

[mistoffolees]

Oh, the attorney I talked with informed me if I filed contempt on her she could file contempt on me stating I have not signed the deed to her, other than not having 3000.00 to pay anyone, why would I pay him or another attorney to file this if it is going to get me no where? I sure could use some help, I don't want the payment to be late, and if I can legally move into the house and pay it until this is settled I will, just to keep from defaulting on the loan, as stated I can not afford rent and mortgage. Thanks

Given the scenario, you are more likely to get into trouble than she is:
- She hasn't defaulted on the mortgage yet. Even if the Dec payment is a few days late, that's not a serious matter. Generally, you can only file contempt AFTER someone has done something wrong.
- She isn't going to be able to refinance the mortgage in her own name since she can't afford it. Contempt is probably only going to fly if she willfully violated the order. If she says "Your honor, I tried to refinance, but they wouldn't lend me the money", she's probably off the hook. The court can't order the bank to lend her the money.
- You, OTOH, are in clear contempt. You were ordered to sign the house over to her, but you didn't. Now, I agree that it was a foolish order and you shouldn't have been ordered to sign it over to her until your name was off the mortgage, but you should have objected before the divorce was final.

So, I really don't see contempt as the way to go. You have more risk than her. But see below.

Per the divorce decree. there is no legal description but just the address, "The husband shall sign all forms or deeds necessary to take his name off the property. The wife shall refinance the home at once." in another place in the decree it states, "IT IS ORDERED AND DECREED that the wife, xxxx, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items: W-1. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by xxxxx and xxxx, in the original principal sum payable to xxxx(bank where mortgage is owed) and secured by deed of trust on the real property awarded in this decree to the wife, which is recorded in the Deed of Trust Records of xxxxx county, Texas"

Now what can I do???

I might add that the ex wife did not work and I deployed to Iraq for a year and returned to her having spent all money, paying no bills as we agreed would be done, including paying the house off, and getting over 15 credit cards and not paying them either, I came home broke and lost all trust in her and filed for the divorce I couldn't afford an attorney she had one, I was trying to be nice and move on, she was being spiteful, (I swear she has the money somewhere but can't prove it-it was over 140,000.) she had gotten a job after I left but her attorney advised her to quit and file disability, she tried to get support but didn't get it awarded we weren't married long enough, after leaving the house and state, she lost her disability, since the house was considered income if she wasn't living in it. She has no intentions and never had any intention of paying for the house she just didn't want me to have it!

Given the circumstances, I would suggest that you drop the idea of contempt. It's not clear that she's in contempt and you are. Rather, I would file for a motion to modify. Your change of circumstances would be that she has left the home and told you that she's not going to pay the mortgage. Ask for the court to award you the house. You should, of course, refinance in your own name if both of your names are on it. You should also ask for her name to be removed from the deed on refinancing. The only downside to this is that you should then pay her 1/2 of the equity in the home (technically, if you do the math, you should reimburse her for the half that you would have received in the initial property division as well as her half that you're buying from her now, but I wouldn't go there). If there's no equity, that's easy. If there's equity, you would need to either come up with some cash or offer to pay her her share of the equity over time.

One way or the other, you're going to need to track her down. If the daughter knows that you're going to offer her a deal to get her off the mortgage and maybe put some money in her pocket, her address might suddenly appear. You have 2 good options, but both of them require being able to find her.

1. Reach an agreement with her on the above. Then write it up and submit it to the court as a stipulation (or have your attorney do it). This will be the least expensive in the long run.

2. File for a modification, serve her, and let the judge decide. Will take longer and cost more.

If you absolutely are unable to find her, then ask your attorney if there's some other way to accomplish this. It won't be easy.

In the short term, while Ldij is correct that you might not get into trouble, you would be intentionally violating a court order if you moved back in. I would not do it until talking with an attorney.

 

[Mr Nice Guy]

The only downside to this is that you should then pay her 1/2 of the equity in the home (technically, if you do the math, you should reimburse her for the half that you would have received in the initial property division as well as her half that you're buying from her now, but I wouldn't go there). If there's no equity, that's easy. If there's equity, you would need to either come up with some cash or offer to pay her her share of the equity over time.

I wasn't going to receive 1/2 of the equity in the house or anything else from her, she was getting the house with the assumption that she was going to refinance so my name would be off the current mortgage, I did not agree to the final decree I never signed anything stating I did agree, her attorney sent me the decree with the Judge's signature. I did not sign off on it nor is my ex's signature on it anywhere, just the judge and the ex's attorney.

Because I could not afford an attorney at the time of the divorce when I tried to speak in the court room I was cut off by her attorney or the Judge, what was I to do???

 

[mistoffolees]

I wasn't going to receive 1/2 of the equity in the house or anything else from her, she was getting the house with the assumption that she was going to refinance so my name would be off the current mortgage, I did not agree to the final decree I never signed anything stating I did agree, her attorney sent me the decree with the Judge's signature. I did not sign off on it nor is my ex's signature on it anywhere, just the judge and the ex's attorney.

Because I could not afford an attorney at the time of the divorce when I tried to speak in the court room I was cut off by her attorney or the Judge, what was I to do???

Well, that's behind you. I would offer to take the home off her hands if she signs a quit claim and a stipulation for the court to show the change. If she balks, you may have to agree to give her 1/2 of the current equity (after subtracting putative selling costs), if any. If she refuses that, then you'll probably have to go to court to ask the judge to order it. However, you are legally obligated to ensure that the mortgage is paid in the meantime (although you could probably sue her to recover the money if you don't end up keeping the house).