He's trying to get us out of the house

iVillage Member
Registered: 11-06-2005
He's trying to get us out of the house
5
Thu, 10-05-2006 - 2:25am

Ok I need some opinions here!! A few weeks ago I lost my lawyer, turns out my stbx began to see my lawyers wife as his psychologist...yes he knew they were related.

So had to scramble for a new one and I had the best divorce lawyer in town!!!!

The day after I lost my lawyer the stbx called to say he was putting the house up for sale and I'd better start packing. Called my ex lawyer and he found someone in his office to take the case. We then put a restraining order on my stbx.

When he could not outwardly sell the house he called to tell me he was going to quit his job to force the house into foreclosure and that I'd better start packing again.

Now...today....he calls to tell me he lost his insurance and that he has to quit his job and that I have no choice I have to sell the house and this time it was going to happen.

I hate my lawyer, she is too busy to help me and just keeps telling me that he isn't going to do anything. So tomorrow I look for a new one.

Where I need help is what in the world can I do!!!! I don't know if any one has any ideas or what anyone else has done but I feel at a total loss. I could sell the house with him but based on what my lawyer was telling me I would get the house in full and he would have to pay me in some lost equity. (He refinanced to be able to move out)

There has to be a way to keep my home. My court date is not set yet and won't be until January or February and he has not been willing to settle, so this seems as if it will never end.

Help Help, any suggestions would be benenficial!

iVillage Member
Registered: 11-05-2004
Thu, 10-05-2006 - 9:21am
From my understanding, your STBX cannot force you into selling your house and or make you move out. That is for the judge to decide not him. You said your lawyer was of no help, I would find someone else asap and ask them what to do in this situation? DO you work? Can you make the house payment for now?

iVillage Member
Registered: 10-30-2004
Thu, 10-05-2006 - 10:21am
I think your lawyer is right and that your STBX isn't going to do anything. If he forces the house to go into foreclosure he's ruining his credit as well as yours. To do that would be like cutting off his nose to spite his face. He's just trying to scare you. If I were you I'd leave it all in the hands of your lawyer and the judge. These divorce lawyers have heard and seen it all so I think she knows what she's talking about. Just ignore him and don't even take his calls unless it has something to do with kid issues. Believe me, I've been there done that!
iVillage Member
Registered: 07-08-2004
Thu, 10-05-2006 - 10:43am

I would ask your lawyer for an additional court date before January to establish temporary orders to force him to pay alimony and child support. If he quits his job and stops paying, he can easily be sent to jail. I know that doesn't help you pay the mortgage, but at least he gets punished for his actions.


In the mean time, try not to panic. He may just be trying to frighten you into making a decision about the house.


iVillage Member
Registered: 03-19-2003
Thu, 10-05-2006 - 10:47am

He sounds pretty stupid!


If you are married... then you have just as much interest in the house as he does... and he cannot sell it without your signature!


Karen ~ wildlucky4me ~

iVillage Member
Registered: 09-21-2006
Thu, 10-05-2006 - 12:36pm
Your lawyer situation sounds way too close to mine, if you are located in So. AZ you should e-mail me, I have finding a new lawyer advice you can use. In any case, if you are fed up with current attorney, interview at least 3 before finding a new one. Yor STBX sounds like the confrontation loving type so get an attorney who has a litigation success reputation. Some attorneys are better mediators and very good at getting settlements out of court, others are very good in the courtroom. I had the "best" divorce attorney and his psychologist wife was my therapist. Ended up having to change attorneys due to other conflict that came up because my case was supposed to have been settled, but the X filed last minute objections. Love my new attorney, X is afraid of her!