After numerous court dates, and the judge giving my ex wife deadline after deadline to refinance our marital home, she still has not done it and given me my share of the equity. She claims her credit is bad and the interest rate is too high, etc. The judge then gave her some time to try to raise her score or find another mortgage company. I have another court date Monday. The judge said that she had to refinance by October 15. She didn't, so that's why we're back in court. In the meantime, my credit is shot, I am struggling to pay bills, and I need this money. Is there any documentation that I can show the judge this time to prove that I am in need of my equity in the house? Our divorce has been final since August. Please help. My lawyer does accompany me to court, however, he doesn't seem to be much help. Thank you very much.
2006-10-27 11:19:56 · 11 answers · asked by sky 3 in Family & Relationships ➔ Marriage & Divorce
Petition the court to modify the Decree of Dissolution. You take the house, refinance it and give her a share of the equity.
Or, take your credit report to the Court with the stack of bills that you got stuck with in the divorce and ask the Judge to make her pay them since she hasn't given you your money.
Another option would be bankruptcy. If your credit is shot already, it won't hurt. Additionally, your bankruptcy trustee could enforce your judgment against her and take the equity from the house to pay your bills. That would be the last resort since you won't get any use of the money.
Good luck. I understand your dilemma.
2006-10-27 11:27:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Find a new lawyer - one that WILL accompany you to court, be a little more cutthroat, and demand that this be dealt with in a timely manner. Perhaps the ex-wife should sell the house if she can't refinance her home. Normally when a judge orders this, it has to be done. I don't know why he would give her so many chances. Perhaps even write this judge a letter stating your position and how this is damaging you. Call the bank/mortgage company and see if you can work something out to possibly have your name removed - all they can say is no - but get it in writing. I wish you luck, I just don't understand why if this was ordered that he isn't making her do it - NOW!
2006-10-27 11:25:05 · answer #2 · answered by Michaela 4120 3 · 0⤊ 0⤋
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RE Ex won't refinance house to take my name off mortgage?
After numerous court dates, and the judge giving my ex wife deadline after deadline to refinance our marital home, she still has not done it and given me my share of the equity. She claims her credit is bad and the interest rate is too high, etc. The judge then gave her some time to try to raise her score or find another mortgage company. I have another court date Monday. The judge said that she had to refinance by October 15. She didn't, so that's why we're back in court. In the meantime, my credit is shot, I am struggling to pay bills, and I need this money. Is there any documentation that I can show the judge this time to prove that I am in need of my equity in the house? Our divorce has been final since August. Please help. My lawyer does accompany me to court, however, he doesn't seem to be much help. Thank you very much.
2014-10-16 03:20:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Keep all receipts and next court date provide copies of all of your bills and it could not hurt to bring your last two months of bank statements. In the meantime, why don't you on your own start investigating mortgage companies to see what their interest would be etc...... Explain to them what you are going through. Sounds like your wife is not being fair and not being honest to the Court. I would have your lawyer ask the Court for your ex to provide proof that she is contacting mortgage companies. By this I mean she would have to show the mortgage company she called, who she spoke with (first and last name) the date and time she called them and what information they provided to her and she should also provide a copy of her credit report to show proof that her credit is not great at this time. Good Luck.
2006-10-27 12:41:49 · answer #4 · answered by Marie 2 · 0⤊ 0⤋
YOu need to go back to teh court that approved the division of assets and have them rule. If you have not q/c the house, you still have a right (contingent on what your divorce agreement says) to live there. You can take full ownership by buying him our or having the court modify the property division due to non-compliance
2016-03-19 00:41:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If your lawyer ain't helping you better fire him homeboy.
Thats a waste of money you could be using for your bills.
2006-10-27 11:24:45 · answer #6 · answered by www.treasuretrooper.com/186861 4 · 0⤊ 0⤋
Ask the judge to give you the house so you can sell yourself and then you split the equity with the ex. Fire you useless lawyer and get a pitbull son of a bi*** one.
2006-10-27 11:23:52 · answer #7 · answered by jmadden_98 2 · 0⤊ 0⤋
Make sure your name is still on the homeowner insurance policy just in case something happens. Tell her you will take the house and give her her share, reverse the tables on her and see what happens.
2006-10-27 11:24:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
get a new lawyer...and just take in your bills along with your pay stubs...and when what you make doesn't equal what youpay out..things should come clear.
2006-10-27 11:55:21 · answer #9 · answered by bald_guy69 2 · 0⤊ 0⤋
i'd move back in my house and move her out..
2006-10-27 11:22:16 · answer #10 · answered by willowz 3 · 0⤊ 0⤋