My wife and I are going through a divorce and in the temp decree she was awarded the house and the property... I moved out but was still required to pay all the bills and mortgage, she doesn't pay a dime. Now I find out she doesn't even live there and has a new apartment. I'm concerned about the house and the property... especially because it's winter and we get tons of snow (the house remains unplowed after 2 - 10" storms within a week). I have a lawyer. I've told him. He's passe and trying not to make waves with the judge... but my house is unlived in.... freezing pipes, theft, etc... you can see my worry.
2007-12-17 03:22:54 · 6 answers · asked by cps68500 2 in Family & Relationships ➔ Marriage & Divorce
I tend to agree with getting a new lawyer, however this is a good family friend who at the moment isn't asking for money owed due to me being broke because of paying for her to live! Is there something like negligence to make the court boot her out?
2007-12-17 03:32:51 · update #1
If the temporary decree doesn't demand that she live in the home you are stuck as far as that is concerned.....
I don't understand why if she was given the house & the property why it's your responsibility to pay for it....never heard of that one.....are you sure the temp decree states she can live in the home, not that she gets to keep it?
First, I would mitigate my damages.......insist that you have periodic access to the home since she is no longer there just to prevent any structural issues due to incliment weather...if you're on the hook for the maintenance then you hafta have access. Tell her any damage that occurs because of lack of care you will not pay for, as the home is temporarily in her care, and you will not be held responsible for her negligence. if she balks be prepared to bring the issue up in court at the final hearing....with proof the damage occured during her sole occupancy and she refused to let you take preventative measures, and did not herself.
Then as far as the final decree...see if you are a state that dicates a 50 /50 division of martial property...the house would be considered that ( I'm asuming it's in both your names)
Ask the home be sold or she has the option of buying you out...judge may automatically order that...I can't see him giving her the home and expecting you to pay for it........if you can get any consideration for any extra monies the house requires in maintenance above the mortgage, homeowner's insurance...ask for that as well... you deserve it. Good Luck.
2007-12-17 03:53:00 · answer #1 · answered by The Original GarnetGlitter 7 · 0⤊ 0⤋
You have a few options. Documentation, Documentation, Documentation. Have copies of all bills paid since the divorce. Have proof that your ex no longer lives there (do not stalk her), and get a new attorney if he/she is unwilling to upset the judge. This is your life, take it back.
If your lawyer is from a larger firm, request to speak with one of the partners. You have paid the lawyer and the follow-up should be handled as well. I do not see why the lawyer would think that this request would upset the judge to begin with.
If you, the lawyer, and your ex had a difficult time with the judge (obviously she got everything so she did not have a difficult time) then the judge may be hostile for having to re-review this matter.
However if you have all documentation, there should be no problems and hopefully you will get your house back.
2007-12-17 03:32:52 · answer #2 · answered by leeann7203 2 · 0⤊ 0⤋
If your lawyer won't handle your concerns, I would suggest finding a new lawyer. I can see your worries with an unlived in home in the winter. If your soon to be ex wife isn't living in the home, I see no reason why you can't live there.
2007-12-17 03:29:18 · answer #3 · answered by *baby*2008* 3 · 0⤊ 0⤋
Why not just move back in? Do you still have a key? I dont see any reason not to and what can she do? Its your house your paying all the bills? Like what was stated before make sure you keep everything (documentation).
Its ridiculous that things come to this. I have been divorced over 6 years and still find myself keeping receipts, emails, letters because of stupid crap....why can everyone just get along..hehe :-)
Good luck!!!
2007-12-17 03:42:22 · answer #4 · answered by Slick 5 · 0⤊ 0⤋
Sounds like you need to get a new lawyer. Remind him that he works for you not the other way around.
2007-12-17 03:29:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you have proof that she is living some where else you need to make your lawyer do what you want.
2007-12-17 03:29:08 · answer #6 · answered by Spring 5 · 0⤊ 0⤋
lets pray GOD will make provision she is being un real
2007-12-17 03:36:29 · answer #7 · answered by ? 6 · 0⤊ 0⤋