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Continued defiance of original decree

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keyzblewz

Junior Member
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.
 


LdiJ

Senior Member
keyzblewz said:
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.
You work full time and have an established work history. You have an additional 800.00 a month that is basically alimony. I assume that you also got a settlement from the sale of the marital home. I don't understand why you are unable to get a mortgage on your own. Have you tried?
 

keyzblewz

Junior Member
I've only worked full time 18 months. At the time of the divorce our youngest son had cancer which meant extensive hospital stays, sometimes in a hospital located over 300 miles from home. The responsibility of all this fell on my shoulders because the ex was "too upset" by the illness. During the time my son was sick I worked as a substitute teacher which gave me the freedom to be off when I needed. So, even though I am working I do not have the work history I would need to get a mortgage in my name. I have tried and have been turned down and am in the process of trying again. On top of that the father has refused to pay his portion of medical expenses...75%. Those have been astronimical even with health insurance and even though I tried to keep up with them some have ended up in the negative column of my credit report. I recently got the medical bills paid in full but it still shows as a negative on the credit report and paying them off didn't raise my score.

I got no settlement from the sale of the marital home. The ex decided on divorce 4 months after we built the house and moved into it. There was a minimal down payment and no equity. It cost us both money to get out from under the loan on that home.

Believe me, I have no desire to be dependent on him for anything. This is a matter of having to be dependent on him. Because of his unwillingness to help when our son was sick, pay his portion of the medical bills and execute the mortgage documents I am basically in the same place I was the day he walked out. I can't believe the courts would not hold him accountable for arbitrarily defying a court order.

Oh, as for the medical bills, he agreed to pay those back also the last time we were in court. Haven't seen any of that money and probably won't until a judge threatens to throw him in jail.
 

LdiJ

Senior Member
keyzblewz said:
I've only worked full time 18 months. At the time of the divorce our youngest son had cancer which meant extensive hospital stays, sometimes in a hospital located over 300 miles from home. The responsibility of all this fell on my shoulders because the ex was "too upset" by the illness. During the time my son was sick I worked as a substitute teacher which gave me the freedom to be off when I needed. So, even though I am working I do not have the work history I would need to get a mortgage in my name. I have tried and have been turned down and am in the process of trying again. On top of that the father has refused to pay his portion of medical expenses...75%. Those have been astronimical even with health insurance and even though I tried to keep up with them some have ended up in the negative column of my credit report. I recently got the medical bills paid in full but it still shows as a negative on the credit report and paying them off didn't raise my score.

I got no settlement from the sale of the marital home. The ex decided on divorce 4 months after we built the house and moved into it. There was a minimal down payment and no equity. It cost us both money to get out from under the loan on that home.

Believe me, I have no desire to be dependent on him for anything. This is a matter of having to be dependent on him. Because of his unwillingness to help when our son was sick, pay his portion of the medical bills and execute the mortgage documents I am basically in the same place I was the day he walked out. I can't believe the courts would not hold him accountable for arbitrarily defying a court order.

Oh, as for the medical bills, he agreed to pay those back also the last time we were in court. Haven't seen any of that money and probably won't until a judge threatens to throw him in jail.
Then all you can do it take it back to court...I am sorry but you don't have any other option.
 

keyzblewz

Junior Member
Thank you, I appreciate your time. I guess no one can tell me what some judge will do. I just wanted to know if it is unreasonable for me to request he be held responsible for the loss of equity in a home due to his difiance.

I will wait and see. The darn system I am dealing with takes months on end. It will probably be summer and nearly august before we get back in court. Again, thank you very much.
 

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