Apparently the agreement said she had right to occupancy and use of home and as soon as mortgage paid in full title would be transferred to her name (it was in hubby's name only). She has been paying mortgage for 4-years now. Her husband fought alimony on grounds that she was obtaining all the equity in the home (letter from his lawyer to her states this as grounds for refusing alimony). Now her husband has gone and taken out and equity loan on the home???? Sounds like her lawyer forgot to close some loops???
This just seems wrong that he could do that. He is taking $50K
2007-01-31 07:47:40 · 4 answers · asked by cathoratio 5 in Politics & Government ➔ Law & Ethics
She has bad credit that is why she did not refinance at time of divorce. I never knew home was in his name only. Seems like dumb move to me!
2007-01-31 07:48:59 · update #1
How would she be able to pay off the mortgage and obtain title if he continues to increase size of mortgage. If her lawyer settled for this knowing she was getting "equity" in lieu of alimony, then I think her lawyer is an idiot? My sister put down 50% of downpayment too..... not sure why she did not have her name placed on title, but her ex is the controlling type..... I think maybe legal malpractice.
2007-01-31 11:05:18 · update #2
Since her husband/lawyer submitted, in writing, the reason for lack of alimony, I would suggest that her lawyer contact him ASAP and explain that he either pays alimony or she will take him to court.
By taking out a home equity loan on a home he technically (although name is on the deed) isn't responsible for, he has violated the divorce agreement. In this case, he would be responsible for her attorney fees as well as any alimony or repayment of the home equity loan.
Bottom line...she needs a lawyer fast - she's getting screwed.
2007-01-31 07:59:59 · answer #1 · answered by Enchanted 7 · 1⤊ 0⤋
Wow, that quite a twist in the story. I would take it over with the lawyer and maybe a judge if I were your sister. That just doesn't seem fair!
2007-01-31 15:56:26 · answer #2 · answered by angel_of_the_united_states 3 · 0⤊ 0⤋
unfortunately hubby did nothing wrong...home is in his name correct...she only had the right to reside there...was not her home until as u said mortgage is paid...this can take 30 years or so....she is sol
2007-01-31 16:13:20 · answer #3 · answered by sunbun 6 · 1⤊ 0⤋
That guy was very dumb to marry without a prenuptial agreement.
2007-01-31 15:52:44 · answer #4 · answered by r1b1c* 7 · 1⤊ 2⤋