my brother and wife his got a divorce. He pays child support for his kids, she took out of the state. his ex-wife told him he cannot allow any woman in the house they use to live in because it still belong to her, she moved out over a year to live with her man. she feel she can run the house they shared and the one she's in now a year later she has not paid a motrtgage, insurance or anything and does not plan to return to the state or the home she is even planning to buy a home with her man..can she do this to him???
2006-10-22 17:12:02 · 10 answers · asked by mita 1 in Family & Relationships ➔ Marriage & Divorce
need answers from someone who knows
2006-10-22 17:22:50 · update #1
if her name is on the mortgage and house deed... she most certainly has rights to the house. this should have been taken care of when they were divorced - meaning an agreement would have determined ownership before the final decree. Typically, property is sold and the proceeds divided between both parties. Sometimes one or the other will agree to keep the house, while the other would be given $$ determined via negotiations - in this case the name should have been changed on the deed... but here's the rub... if both names are on the mortgage, both will still be responsible to pay it off. Even if a "quick claim deed" is signed over .. the financial responsibility still exists.
2006-10-22 17:18:50 · answer #1 · answered by tampico 6 · 0⤊ 0⤋
As long as her name is on that title, I'm afraid she can do just about anything. It's not fair, but it happens. Your brother needs to get her name off of that title, even if it means buying her out of her equity. Sometimes the money is truly worth it. From the sounds of it, the sooner he does this, the better. No woman should has this much control after the divorce...it will eventually start spilling over into the other aspects of their lives, such as the children. Tell him to cut those ties now, then find someone to share that house with...it'll stick in her crawl for years to come. Gotta love Karma!
2006-10-23 00:26:03 · answer #2 · answered by Hollynfaith 6 · 0⤊ 1⤋
If they arent divorced yet, she could possibly get something from having a home,.. alot of the time they have to sell the house and split what they get for it.. if he doesnt want to sell the house he may have to buy her out of it, by doing research on how much the house would sell for, how much of that they'd actually get what her half would be of that.. and pay her that..as far as dictating who he can and cant have in the house.. thats hillarious, she can not dictate what he does with anyone , just like he cant dictate what she does with anyone in her residence, and the judge will see it as she abandoned the house, so her getting the house in the divorce is extremely slim.. but she may have the right to a pay off from it.. but she cant tell him who he can and cant have in his home.. lol thats to funny..
Also i keep seeing peoples answers saying it depends on whose name the house is in.. MOST states, it doesnt matter whose name the house is in, if they were married when the house was purchased its considered JOINT property, no matter if its in his name or her name.. or both
2006-10-23 00:23:54 · answer #3 · answered by brwneyedgrl 7 · 1⤊ 1⤋
It depends what it says in their divorce papers. What was spelled out as far as the division of property? Maybe your brother was allowed to stay in the house and must divide the equity if he ever sells it. Maybe he has a certain amount of time before he has to pay her her part. Most states allow 50/50 division of material possessions regardless of the circumstances of the divorce. Bottom line is, if her name is still on the title she still has rights to the house.
2006-10-23 00:22:12 · answer #4 · answered by Anonymous · 1⤊ 1⤋
if she's on the note she has a say in somethings but,not on who he can have there.if she's not on it she has abandoned the property and her rights to it.seems like this would of been settled through divorce court.if he can prove she is and has been gone then he should have no problem getting her name off the paperwork but,then most states will require her to voluntarily sign away her rights so,he'd be better off working with the mortage company to see if they'd do something on their end.
2006-10-23 01:26:06 · answer #5 · answered by jgmafb 5 · 0⤊ 0⤋
they both own it, unless the names on the deed say different, so he can move her in. if the wife wants to initiate a sale, she needas a court order. If I were him, and he can prove that she no longer resides there, I would go to court and get an injunction against her based on her behaviour. In other words, she will be able to go to court and initiate an action ont he property (it is partly hers) but you dont want her to be able to show and get in and cause trouble.
2006-10-23 00:15:44 · answer #6 · answered by mark r 3 · 0⤊ 1⤋
depends on whose name is on the deed,and she could force the sale of the home if she is on the deed. he should keep all receipts of insurance and home repair to show the court he has money invested.
2006-10-23 00:22:26 · answer #7 · answered by jude 7 · 1⤊ 1⤋
It does not sound like she has any legal rights to the house...
2006-10-23 00:15:12 · answer #8 · answered by Anonymous · 0⤊ 1⤋
by law she cant tell him nothing on this. matter she is just tyying to make life bad for him the courts would laught her out of there over this matter by law she cant tell him nothing on this matter . my opion/
2006-10-23 00:27:44 · answer #9 · answered by the_silverfoxx 7 · 0⤊ 1⤋
All this should have been settled when they divorced.
They should sue their lawyers if it wasn't.
2006-10-23 00:30:16 · answer #10 · answered by daljack -a girl 7 · 0⤊ 1⤋