mortgage mess a year later

[svtkev]

What is the name of your state (only U.S. law)? indiana
Hello , first post here
I was divorced over a year ago, at which time my ex-wife was awarded our home. She wanted the house , i didn't so i gave it to her without any resistance.
The mortgage is solely in my name, the deed in both of our names, ex-wife had 90 days to refinance , she couldn't due to the house not having enough equity for her debt ratio
i didn't make a fuss about it since my daughter lives with her, until the payments started going 30 days past due,at that time we agreed that i would just maintain the mortgage payment since its about the same amount i was giving her for support.
Now she wants to move to Texas and shes saying since the house didn't appraise for enough that our divorce/agreement is void and according to her she spoke to a lawyer and says if we take it back to court the judge will make us sell and split the house..loss or profit
im afraid her plan is to just move and leave the house for me to deal with since she isn't on the mortgage.
is there anything i can do to prevent her from dumping the house back on me ?
thanks in advance for any advice anyone can give

 

[Ohiogal]

What is the name of your state (only U.S. law)? indiana
Hello , first post here
I was divorced over a year ago, at which time my ex-wife was awarded our home. She wanted the house , i didn't so i gave it to her without any resistance.
The mortgage is solely in my name, the deed in both of our names, ex-wife had 90 days to refinance , she couldn't due to the house not having enough equity for her debt ratio
i didn't make a fuss about it since my daughter lives with her, until the payments started going 30 days past due,at that time we agreed that i would just maintain the mortgage payment since its about the same amount i was giving her for support.
Now she wants to move to Texas and shes saying since the house didn't appraise for enough that our divorce/agreement is void and according to her she spoke to a lawyer and says if we take it back to court the judge will make us sell and split the house..loss or profit
im afraid her plan is to just move and leave the house for me to deal with since she isn't on the mortgage.
is there anything i can do to prevent her from dumping the house back on me ?
thanks in advance for any advice anyone can give

Your ex is an idiot. File a motion to show cause regarding her inability to refinance and in addition OBJECT to the move of your child to Texas if you don't want your daughter to move. The divorce/agreement is NOT void. She made a bad deal. Oh well. She has to deal with that. Oh and get an attorney.

 

[Silverplum]

Are you court ordered to pay support to Mom? And is it to go directly to her, or to a mortgage company, or through the State?

 

[svtkev]

Are you court ordered to pay support to Mom? And is it to go directly to her, or to a mortgage company, or through the State?

i pay her directly, as agreed upon in the divorce not sure if that would be considered court ordered
my daughter will be 18 soon , she is choosing to move with her mom on her own

 

[Silverplum]

i pay her directly, as agreed upon in the divorce not sure if that would be considered court ordered
my daughter will be 18 soon , she is choosing to move with her mom on her own

Okay. Just make sure Mom doesn't pull the old trick of saying you stopped paying support when you agreed to redirect it. Since you aren't paying through the State, make it a high priority to keep every receipt and canceled check to prove you paid Mom.

Whatever you agreed upon in your divorce on paper, is a court order.

 

[svtkev]

thanks for the advice , i will get an attorney

 

[single317dad]

i pay her directly, as agreed upon in the divorce not sure if that would be considered court ordered
my daughter will be 18 soon , she is choosing to move with her mom on her own

Keep in mind, though the (soon to be adult) child may choose to move, child support in Indiana runs until age 19, unless you have an older order that states an emancipation age of 21.

How hard would it be to just sell the house? Would your ex be difficult about signing title paperwork?