What is the name of your state?I’ve been reading for a couple of days trying to find a situation related to mine. Haven’t been able to so here I am. I will try to be brief. I’ve been divorced 3 years. I was a stay at home mother for 18 years. He testified in court that it was his desire to have me at home and that as long as he wanted me he didn’t care if I never worked again. LOL!! It was a different story when he no longer wanted me.
In the final decree our marital home was to be sold and he was to “assist” me in “signing documents” to obtain a “substitute home.” The words mortgage and deed are in the decree also. He is to pay $800 a month toward the “substitute mortgage” in lieu of alimony so that I can build an interest in a home of my own. He was to do all of this before August 22, 2005. When the marital home sold I leased a home with the option to buy. The option is for 3 years. I did it this way incase my ex gave me any problems as far as following the ordered decree. Well, he is bent and determined that he will not assist me in anyway when it comes to getting a mortgage on this home.
He has been sending the $800 a month, which has gone toward the option on the home but, has not gone toward any true interest in a home for myself and our children. I took him to court 2 years ago and never got a ruling from the judge. The judge retired and left us hanging. We had to start from scratch and it took nearly 18 months to get in front of another judge because of continuances by his attorney. We finally went back to court 4 months ago. We came to a verbal agreement, it was read into the court record and my ex walked out of the courthouse with mortgage loan paperwork. He is refusing to do what he agreed to do that day in court. His attorneys are refusing to communicate with my attorney. We have no signed order on our agreements from that last court appearance and it looks as if we will be going back to court…once again.
My question is this. August 2005 is swiftly approaching and I still have no mortgage on this home. He has paid the $800 a month BUT his refusal to assist with the mortgage has meant that I will not benefit in anyway as far as equity in a home. I work full time but not in a capacity that would make it possible for me to get the loan on my own. When we do go back to court on this issue would it be possible for me to request that the courts make him pay the loss I have suffered as far as the lack of equity I would have built up in the home if he had followed the original decree? Do I have any recourse at all once August 2005 rolls around? Thanks and accept my apology for the lengthy post.
In the final decree our marital home was to be sold and he was to “assist” me in “signing documents” to obtain a “substitute home.” The words mortgage and deed are in the decree also. He is to pay $800 a month toward the “substitute mortgage” in lieu of alimony so that I can build an interest in a home of my own. He was to do all of this before August 22, 2005. When the marital home sold I leased a home with the option to buy. The option is for 3 years. I did it this way incase my ex gave me any problems as far as following the ordered decree. Well, he is bent and determined that he will not assist me in anyway when it comes to getting a mortgage on this home.
He has been sending the $800 a month, which has gone toward the option on the home but, has not gone toward any true interest in a home for myself and our children. I took him to court 2 years ago and never got a ruling from the judge. The judge retired and left us hanging. We had to start from scratch and it took nearly 18 months to get in front of another judge because of continuances by his attorney. We finally went back to court 4 months ago. We came to a verbal agreement, it was read into the court record and my ex walked out of the courthouse with mortgage loan paperwork. He is refusing to do what he agreed to do that day in court. His attorneys are refusing to communicate with my attorney. We have no signed order on our agreements from that last court appearance and it looks as if we will be going back to court…once again.
My question is this. August 2005 is swiftly approaching and I still have no mortgage on this home. He has paid the $800 a month BUT his refusal to assist with the mortgage has meant that I will not benefit in anyway as far as equity in a home. I work full time but not in a capacity that would make it possible for me to get the loan on my own. When we do go back to court on this issue would it be possible for me to request that the courts make him pay the loss I have suffered as far as the lack of equity I would have built up in the home if he had followed the original decree? Do I have any recourse at all once August 2005 rolls around? Thanks and accept my apology for the lengthy post.