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House was purchased during separation & hidden during divorce

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Aspiration

Junior Member
What is the name of your state (only U.S. law)? GA

My situation is kind of complicated. My ex and I were married several years, divorced and remarried. We reconciled after learning my mother-in-law had purposely lied to him about me (she’s a manipulating, control freak) accusing me of abusing my children, having affairs, the list goes on and on. Everyone in the family knows she lies. I’m one of the few that can prove it. Anyway, I let my guard down, and she started twisting the truth again to the point my husband became severely depressed. He refused to get help, shut me out and kicked me and our children out of the house. Counselors have told me they can’t help him unless he wants it, so I have to treat this situation as if he isn’t having manic depressive episodes (I used to work with suicide patients).

Last year, I moved out and gave him space. He divorced me several months ago, but I just found out a couple weeks ago when my insurance wrote me to offer comparable insurance since they no longer covered me. He knew I would contest (he asked me) so he divorced me by publication in his county which is hours away from me. I’ll be meeting with a lawyer to make sure I have the right paperwork to file a motion to vacate judgment since the judge didn’t order anything but a divorce. Every other issue like custody, support and marital property are up in the air.

My questions are:
- Is there a decent form or template to use to file to overturn this judgment? The courthouse doesn’t have any forms.
- He bought a house and quit claimed it to his mother during our first marriage. I didn’t find out until after that divorce and was told it was her house and not his even though he pays the mortgage every month. One of the lawyers said that since we didn’t address marital property in any proceeding and it was concealed, I could have my mil’s name removed from the deed because the VA loan was for us. After looking at the house value, it’s now worth less than half of the price he paid trying to buy it without me knowing. Is there any way to get some benefit from this since I’ve gone into debt twice trying to keep a roof over our heads? Could I be added to the title with her name removed but not to the loan? Could the house be sold even though the house is upside down so I could receive some compensation for being misled about the marital property that should have been divided? If it can’t be sold, is there another way to get something for having the house hidden?

I didn’t ask for anything the first time around, offered to lower child support by almost $400/month and left him alone except for trying to keep a relationship between him and his children. This time around, I wasn’t even given the opportunity to know I was being sued, and I’ve been thrown into poverty again. I just want a fair hearing and the chance to get everything spelled out clearly in a court order.What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? GA

My situation is kind of complicated. My ex and I were married several years, divorced and remarried. We reconciled after learning my mother-in-law had purposely lied to him about me (she’s a manipulating, control freak) accusing me of abusing my children, having affairs, the list goes on and on. Everyone in the family knows she lies. I’m one of the few that can prove it. Anyway, I let my guard down, and she started twisting the truth again to the point my husband became severely depressed. He refused to get help, shut me out and kicked me and our children out of the house. Counselors have told me they can’t help him unless he wants it, so I have to treat this situation as if he isn’t having manic depressive episodes (I used to work with suicide patients).

Last year, I moved out and gave him space. He divorced me several months ago, but I just found out a couple weeks ago when my insurance wrote me to offer comparable insurance since they no longer covered me. He knew I would contest (he asked me) so he divorced me by publication in his county which is hours away from me. I’ll be meeting with a lawyer to make sure I have the right paperwork to file a motion to vacate judgment since the judge didn’t order anything but a divorce. Every other issue like custody, support and marital property are up in the air.

My questions are:
- Is there a decent form or template to use to file to overturn this judgment? The courthouse doesn’t have any forms.
- He bought a house and quit claimed it to his mother during our first marriage. I didn’t find out until after that divorce and was told it was her house and not his even though he pays the mortgage every month. One of the lawyers said that since we didn’t address marital property in any proceeding and it was concealed, I could have my mil’s name removed from the deed because the VA loan was for us. After looking at the house value, it’s now worth less than half of the price he paid trying to buy it without me knowing. Is there any way to get some benefit from this since I’ve gone into debt twice trying to keep a roof over our heads? Could I be added to the title with her name removed but not to the loan? Could the house be sold even though the house is upside down so I could receive some compensation for being misled about the marital property that should have been divided? If it can’t be sold, is there another way to get something for having the house hidden?

I didn’t ask for anything the first time around, offered to lower child support by almost $400/month and left him alone except for trying to keep a relationship between him and his children. This time around, I wasn’t even given the opportunity to know I was being sued, and I’ve been thrown into poverty again. I just want a fair hearing and the chance to get everything spelled out clearly in a court order.What is the name of your state (only U.S. law)?
Before you start looking for forms, you need a consult with an attorney, with a list of marital assets in hand, to go over what is and isn't reasonable considering the circumstances.

For example, you are not going to get anything out of the home that he quit claimed to his mother if its upside down. In fact, you risk being held responsible for 1/2 of the negative equity (not much of a risk, but its out there). So you really need that consult.
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? GA

My situation is kind of complicated. My ex and I were married several years, divorced and remarried. We reconciled after learning my mother-in-law had purposely lied to him about me (she’s a manipulating, control freak) accusing me of abusing my children, having affairs, the list goes on and on. Everyone in the family knows she lies. I’m one of the few that can prove it. Anyway, I let my guard down, and she started twisting the truth again to the point my husband became severely depressed. He refused to get help, shut me out and kicked me and our children out of the house. Counselors have told me they can’t help him unless he wants it, so I have to treat this situation as if he isn’t having manic depressive episodes (I used to work with suicide patients).

Last year, I moved out and gave him space. He divorced me several months ago, but I just found out a couple weeks ago when my insurance wrote me to offer comparable insurance since they no longer covered me. He knew I would contest (he asked me) so he divorced me by publication in his county which is hours away from me. I’ll be meeting with a lawyer to make sure I have the right paperwork to file a motion to vacate judgment since the judge didn’t order anything but a divorce. Every other issue like custody, support and marital property are up in the air.

My questions are:
- Is there a decent form or template to use to file to overturn this judgment? The courthouse doesn’t have any forms.
- He bought a house and quit claimed it to his mother during our first marriage. I didn’t find out until after that divorce and was told it was her house and not his even though he pays the mortgage every month. One of the lawyers said that since we didn’t address marital property in any proceeding and it was concealed, I could have my mil’s name removed from the deed because the VA loan was for us. After looking at the house value, it’s now worth less than half of the price he paid trying to buy it without me knowing. Is there any way to get some benefit from this since I’ve gone into debt twice trying to keep a roof over our heads? Could I be added to the title with her name removed but not to the loan? Could the house be sold even though the house is upside down so I could receive some compensation for being misled about the marital property that should have been divided? If it can’t be sold, is there another way to get something for having the house hidden?

I didn’t ask for anything the first time around, offered to lower child support by almost $400/month and left him alone except for trying to keep a relationship between him and his children. This time around, I wasn’t even given the opportunity to know I was being sued, and I’ve been thrown into poverty again. I just want a fair hearing and the chance to get everything spelled out clearly in a court order.What is the name of your state (only U.S. law)?
Why did you let your guard down when you knew that MIL was a manipulating, control freak?

He married you twice?

I'm very surprised that your husband doesn't realize that he needs some serious counseling.
 

Aspiration

Junior Member
Why did you let your guard down when you knew that MIL was a manipulating, control freak?

He married you twice?

I'm very surprised that your husband doesn't realize that he needs some serious counseling.
I was under the impression she held tightly because he's her only surviving child and that her past led to trust issues she said she had. She had mellowed when we got back together, and my husband said he'd made a mistake listening to other people over me. I didn't know the extent of her deception until I was out of the web.

He loves me, but he doesn't know how to be married. His mother has made him her substitute husband since his father chose to marry another woman over her.

He probably does but is concerned how it will affect his career.




I've called JAG, legal aid, and met with two lawyers in addition to personal research. Even if I finish maxing out my credit cards, I can't afford the retainer. The second lawyer suggested I look for forms online. I can scrape up enough to pay him for one or two hours to help me prepare the motion to send to the courts. I have documents I can submit to prove he knew where I was and how to contact me. He published the paper in a city I never lived and didn't file in my county as he's supposed to. I called the courthouse a couple times to see if he had filed anything since he wasn't contacting us, but since he didn't file in my county, I never knew anything happened because I'm not in their system.

So, my best bet right now (well, the one I can afford) is to get an hour or so consultation to start proceedings to try to get this decision overturned. Hopefully, I'll have enough after I file taxes to retain a lawyer for the harder, detailed parts.


Thank you for your assistance!
 

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