Quick Question About Property

Avatar for ddnlj
iVillage Member
Registered: 03-26-2003
Quick Question About Property
3
Mon, 04-11-2005 - 2:13pm

I was divorced 6 years ago. I remained in our house with my 13 year old son. I was granted 60% of the house upon sale, my ex was granted 40%. His name is still on the title. He was also supposed to pay 50% of maintenance and upkeep on the house. He has not done that at all.

Now I'm trying to refinance the house in order to get a cash out for some home repairs that need to be done. When the title company approached him with the necessary documents to sign, he refused. (Let me explain that my ex is one of the most hateful people alive. He hasn't seen his son in 6 years; even refused my pleas to get involved and build a relationship with our son when I was dealing with him and a drug problem). So, now ex is refusing to sign the papers that would grant me the loan I need to fix the house. I tried to talk to him this morning, he refused to talk to me.

I'm worried that he may attempt to try to force me to sell the house. I'm not prepared for that and can't afford it. My son still lives there; it's the only home he's known. He may be 19, but I don't want to uproot him now that he's working through his problems and trying to straighten out (with no help from his father). I don't have the money to buy out ex's share.

Do I have any recourse at all?

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iVillage Member
Registered: 02-19-2004
Mon, 04-11-2005 - 2:17pm
Could you refinance to pay off his share and get the money you need for the house? Is that a possibility at all? Could you contact your divorce attorney and find out if you have any legal recourse? Is there anything in the divorce decree that says you do have to sell or buy him out at some point, or is it just that you pay him off *if* you ever sell (and if that is the case, is it possible you could never sell and he won't get the money until you die)? Do you have receipts for maintenance and upkeep costs and proof that you did ask him to pay?

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iVillage Member
Registered: 03-19-2003
Mon, 04-11-2005 - 3:51pm

I'm thinking what firstamendment was thinking..... refinance now (like you're selling the house to yourself) and pay him off his share..... LESS deductions for repairs that you've paid 100% for thus far (it was agreed that he'd pay 50%.... he didn't.... so that comes off the bottom line).


Technically, he HAS to sign "when the house sells".... I'm sure that it doesn't stipulate that you can't be the buyer.... and refinancing will just save him from having to pay his portion of the real estate commission.


Karen ~ wildlucky4me ~

Avatar for ddnlj
iVillage Member
Registered: 03-26-2003
Tue, 04-12-2005 - 9:50am

Unfortunately his share would come up to roughly $25k. I don't have that kind of money, and don't know if I could afford to refinance it. I'm barely able to make payments now. I was lucky in that this refinance, even with a 10k cashout, didn't change my mtg. payment at all. But 25k would, I'm sure. But I'll call the mtg. company and ask. Couldn't hurt to find out. The house has already had an appraisal, so jacka**'s share would be 40% of the appraisal value, less what's owed on the mtg.

I talked to my divorce atty. today and she's going to get the judge to "encourage" my ex by letting him know he's in contempt of court by not following through on helping pay for upkeep on the house.

I don't know why some people like to make life difficult because they get some sort of sick pleasure out of it, but my ex is sees that as one of his favorite pasttimes.

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