MercuryChrome
Junior Member
Hi there,
My wife and I divorced in 2005 (all of this in ARIZONA). As per "Default Divorce Decree" my wife was awarded a home that was under my name and under a loan also under my name. The decree called for her to refinance or sell before certain date and she did not. She was however responsible to make the payments.
I never signed the divorce decree (hence the default decree from court) and I never "quit claimed" the house to her since I was waiting for assurance that she would put the house under her name (which never came) As time went by, she was making payments on the house but as the economy turned sour she stopped making payments altogether. I stepped in because the house and loan were under my name and the bank was chasing me.
After the situation turned sour for me as well, I decided to contact lawyers to help me out with this issue. They quickly found out that she had signed a "disclaimer deed" (which I was not aware of since she was in real estate and she worked the loan...little did I know, and hey, she was my wife...) Anyway, lawyers told me she had no real option as:
1) Default Divorce Decree is rendered invalid as the disclaimer deed was not mentioned and I was not in agreement (nor was the bank)
2) I did not quit claimed the house over ot her
3) Title and Loan are still under my name
Now she is claiming that the house is still "hers" and that if not she will take me to court for the money she paid. She is also using that divorce decree as a sword everytime she talks to somebody regarding the house although the title is not in her name, nor the loan, and there is a disclaimer deed.
- Does she have a case for anything (money she paid, divorce decree, title, etc.)?
- She threatening to go to the house tenants. How can I prevent her from harassing the tenants?
- Can I do anything to render the decree invalid? Is there a document I can get from court?
Thanks...
My wife and I divorced in 2005 (all of this in ARIZONA). As per "Default Divorce Decree" my wife was awarded a home that was under my name and under a loan also under my name. The decree called for her to refinance or sell before certain date and she did not. She was however responsible to make the payments.
I never signed the divorce decree (hence the default decree from court) and I never "quit claimed" the house to her since I was waiting for assurance that she would put the house under her name (which never came) As time went by, she was making payments on the house but as the economy turned sour she stopped making payments altogether. I stepped in because the house and loan were under my name and the bank was chasing me.
After the situation turned sour for me as well, I decided to contact lawyers to help me out with this issue. They quickly found out that she had signed a "disclaimer deed" (which I was not aware of since she was in real estate and she worked the loan...little did I know, and hey, she was my wife...) Anyway, lawyers told me she had no real option as:
1) Default Divorce Decree is rendered invalid as the disclaimer deed was not mentioned and I was not in agreement (nor was the bank)
2) I did not quit claimed the house over ot her
3) Title and Loan are still under my name
Now she is claiming that the house is still "hers" and that if not she will take me to court for the money she paid. She is also using that divorce decree as a sword everytime she talks to somebody regarding the house although the title is not in her name, nor the loan, and there is a disclaimer deed.
- Does she have a case for anything (money she paid, divorce decree, title, etc.)?
- She threatening to go to the house tenants. How can I prevent her from harassing the tenants?
- Can I do anything to render the decree invalid? Is there a document I can get from court?
Thanks...