Final court order

[dantarantado]

What is your plan when he fails to pay the mortgage even if his name is off the title? If you are on it, the mortgage company doesn't care who pays. You can file for contempt, but he may not care if his credit rating is destroyed. Yours can be as well.

You should sell the house and move into something you can afford to pay for. I hope you do not share children.

It sounds like you received bad advice and he was foolish not to have his own attorney. You both need new attorneys, IMO.

Since day 1 that I told him that I am gonna file for divorce, he told me over and over again that he's just gonna sign the papers and not contest at all. He even said to me that it's all up to me on what I want to put in the petition (I have proof of his text messages, if they are admissible in court?)

I filed for divorce when I found out that he's cheating on me for the _th time... So now, I suspect that maybe he was being influenced of manipulated by the other woman, so now he wanted to contest everything.

 

[stealth2]

Since day 1 that I told him that I am gonna file for divorce, he told me over and over again that he's just gonna sign the papers and not contest at all. He even said to me that it's all up to me on what I want to put in the petition (I have proof of his text messages, if they are admissible in court?)

I filed for divorce when I found out that he's cheating on me for the _th time... So now, I suspect that maybe he was being influenced of manipulated by the other woman, so now he wanted to contest everything.

That didn't really answer the question. What is your plan when he doesn't pay as ordered? Can you afford to make the payments while it winds its way through court?

 

[dantarantado]

That didn't really answer the question. What is your plan when he doesn't pay as ordered? Can you afford to make the payments while it winds its way through court?

I have savings. I believe my son and I can manage for a year maybe. And I have income as of now (not a regular job but an online store).

 

[dantarantado]

That didn't really answer the question. What is your plan when he doesn't pay as ordered? Can you afford to make the payments while it winds its way through court?

So going back to my first question, is it possible for him to make an appeal? And what are the chances that the judge will reverse the decision?

 

[Zigner]

So going back to my first question, is it possible for him to make an appeal? And what are the chances that the judge will reverse the decision?

Yes, there is a possibility of an appeal and we can't really offer any odds as to the chances of success.

 

[stealth2]

I suspect that given he did not have a lawyer and you did, he will get leeway in appealing.

 

[t74]

I have savings. I believe my son and I can manage for a year maybe. And I have income as of now (not a regular job but an online store).

You need a real job with health insurance benefits, etc. Is this a shared child or yours from another relationship?

 

[dantarantado]

You need a real job with health insurance benefits, etc. Is this a shared child or yours from another relationship?

Our son. His medical insurance is with my ex's job benefits

 

[Litigator22]

I had. He was advised to get one but he didn't bother to.

You were now claiming that you were represented by a lawyer? That an attorney is responsible for this predicament?

Or is it more likely that you created the mess by your lonesome and now wish to cast blame elsewhere? The probability of which seems enhanced by your belated and singular mention of having a lawyer.

Whatever, in the interest of fair-mindedness its probably well that the proceedings end in such a muddle regardless of who was responsible. Otherwise, your hapless ex might be permanently stuck with buying you a house! (Not that he isn't as time and the course of future events may reveal.)

What COULD have happened - had you been competently represented - is that the decree that came down would have included a full and accurate legal description of the property; not merely a street address. PLUS, a specific order awarding the home to as your sole and separate property free of any right, title, claim or interest in the defendant husband.

Thus enabling a certified copy of the decree or an abstract thereof to be recorded in the county land office. In other worlds, wrapping it up in one final unconditional, neat package and not dependent on some subsequent event at the caprice of a financially mistreated defendant.

Incidentally, the term "quitclaim deed" consists of two and not three words. Your use of "quit claim" [sic] as supposedly taken from the decree itself seems a further indication that there is no lawyer to blame.

 

[dantarantado]

Incidentally, the term "quitclaim deed" consists of two and not three words. Your use of "quit claim" [sic] as supposedly taken from the decree itself seems a further indication that there is no lawyer to blame.

I apologize. I wasn't paying too much attention on the correct word/spelling.

 

[dantarantado]

What COULD have happened - had you been competently represented - is that the decree that came down would have included a full and accurate legal description of the property; not merely a street address. PLUS, a specific order awarding the home to as your sole and separate property free of any right, title, claim or interest in the defendant husband.

Yes, the full and accurate legal description of the property is stated in the decree.

 

[Zigner]

I apologize. I wasn't paying too much attention on the correct word/spelling.

Don't worry about it. Although Litigator22 is correct, it is pedantic in our setting. "Quit claim" is very often used and totally understood to mean "quitclaim".

 

[t74]

Our son. His medical insurance is with my ex's job benefits

You need health insurance too - and retirement benefits and all of the support a real world job provides.

With only one child, all you need is a 2 bedroom apartment - not a larger house.

Income differences should have been addressed in the child support order. It makes far more sense to have had the house ordered sold and the proceeds spilt and for you to have received support/alimony long enough for you to get additional training to support yourself and make an appropriate contribution to your shared child's support. A house is like a weight around your neck with all of the maintenence involved. Paying the mortgage is only part of home ownership.

 

[LdiJ]

You need health insurance too - and retirement benefits and all of the support a real world job provides.

With only one child, all you need is a 2 bedroom apartment - not a larger house.

Income differences should have been addressed in the child support order. It makes far more sense to have had the house ordered sold and the proceeds spilt and for you to have received support/alimony long enough for you to get additional training to support yourself and make an appropriate contribution to your shared child's support. A house is like a weight around your neck with all of the maintenence involved. Paying the mortgage is only part of home ownership.

Your bias is showing again.

In my city, with today's interest rates a median three bedroom house with a mortgage costs less than a median two bedroom apartment.

 

[dantarantado]

You need health insurance too - and retirement benefits and all of the support a real world job provides.

With only one child, all you need is a 2 bedroom apartment - not a larger house.

Income differences should have been addressed in the child support order. It makes far more sense to have had the house ordered sold and the proceeds spilt and for you to have received support/alimony long enough for you to get additional training to support yourself and make an appropriate contribution to your shared child's support. A house is like a weight around your neck with all of the maintenence involved. Paying the mortgage is only part of home ownership.

Our house isn't big. It is actually situated in a "low-income" residential area.
I suggested selling the house, so we could just split the money. But it was my ex who didn't want to sell it.