Question about property
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| Tue, 07-19-2005 - 3:39pm |
When we got our divorce we agreed that I would take over ownership and responsibility of the house and he would take over ownership and responsibility of a piece of property that we jointly owned. The judge gave us 90 days after the divorce hearing to refinance the pieces of property and change over the deeds to our respective names.
Well! He hounded me about me refinancing and telling me how many weeks I had to get it done. I had it done well before the deadline. The deadline is this week and he hasn't refinanced the land or changed over the deed.
I'm trying to figure out what my rights are if he is choosing to drag his feet on this. He is self employed and tried to make it look like he didn't make any money on the income taxe returns so he could get child support (it backfired, the judge wouldn't buy it). Anywhooo I'm thinking he can't get financing because his only proof of income is the tax returns and last year's shows that he didn't make anything.
How can I get my name off the deed and the loan? I don't think it's right that I should have to pay a lawyer since he didn't have to when I got his name off of my deed.

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Hummm.... since he didn't do his part (and has basically gotten himself into this situation.... I'm sure you are right about not being able to get financing with his falsified income--my EX does that crap; he's self employed, too), my suggestion would be to put the property up FOR SALE
Karen ~ wildlucky4me ~
My ex has gotten himself into the same situation as well....using 'business expenses' to lower his income over $33,000 a year. Now he has to try to come up with more than $120,000 to pay me my share of our assets. Not likely the bank will refinance the house and land now that he's doctored his tax returns. He's now trying to make me feel sorry for him...not.
If you have a court order stating the date when the deed is supposed to be transferred, can you not try to take that into the financial insitution to get your name taken off?
Karen ~ wildlucky4me ~
If one party refuses, thus ignoring the court order...I believe there are legal options for removing your name without his signature.
It's not a matter of having his signature.... it's a matter that he can't refinance on his own because he doesn't have the financial backing (accurate tax returns stating his true income--he's been claiming less income to avoid paying income tax, and now that game is biting him in the other direction--he can't prove his income to keep his home).
Karen ~ wildlucky4me ~
Wow, a lot to think about. It makes me mad because originally I wanted the land and let him have the house, but he wouldn't do that! He kept emailing me bugging me about refinancing the house ASAP and how he could have his land refinanced within two weeks and that I should too. His attitude about how I'm supposed to follow the rules to the letter and he doesn't have to makes me so angry!
I've got Tuesday and Wednesday off and I'm heading to the courthouse to discuss it with the clerk. It's probably petty to be causing trouble, but fair is fair. He didn't want me to have the land so he needs to get my name off it.
Karen ~ wildlucky4me ~
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