Forums: Groups: Divorced: Ex rented out joint owned home and hasnt made payment
9/1/2008 8:47:23 PMEx rented out joint owned home and hasnt made payment 

marissax4
Lakeside, CA
age: 41

Hello everyone.. I am very upset and need some advise on what I should do to put something behind me.. I moved out of our jointly owned home last October and our divorce went forward. My ex rented the house within weeks of my leaving. We are now divorced and he was granted the home and all debt that went along with it (taxes, insurance).. The finance company called me on Saturday to inform me that no payments had been made since I left. I found out that he is collecting 3025.00 a month for rent on this home and is paying his own private debt with it.. I know that there has to be something I can file in court but dont even know where to begin.. I would appreciate any and all information that you might be able to offer..

9/1/2008 8:51:10 PMEx rented out joint owned home and hasnt made payment 
rlds
Ogden, UT
age: 49

Call your divorce lawyer and let him deal with it. The retainer you paid should be part of it...........and stiff him with heavy penalty for his lack thereof. Go get 'im because it's your credit will be ruined UNLESS the lawyer had your name removed from the home since your ex was granted the home.........either way.....fix it immediately, hon. Good luck. R

9/1/2008 8:54:20 PMEx rented out joint owned home and hasnt made payment 

marissax4
Lakeside, CA
age: 41

that is what sucks. I didn't have the money to hire an attorney and pretty much just signed everything over to my ex. My name is still on the loan so I am wondering if I can go to court and file for Contempt.. I'm at a total loss here..

9/1/2008 9:13:22 PMEx rented out joint owned home and hasnt made payment 

jaziej32
Templeton, MA
age: 33

Hey Gorgeous,
This is what you do, if you have the paper's signing every thing over to him ? call the bank or go there and tell them and show paper work to prove it. If not change your address to prove you have moved. # 2 file a change of address and have it stamped right there. This way you can say you changed you addy on that date. you will have to pay anything from this date and it sucks but with out proof your shi_ up the creek with out a paddle been there done it and learned the hard way. If you want to talk I have all kinds off paper work on this tipe of consern just e-mail me and I can e-mail you the things you need to do ok, like a motion for complaint is what you need to file

9/1/2008 9:54:06 PMEx rented out joint owned home and hasnt made payment 

forestrose
Calgary, AB
age: 55

If he was granted the house in the divorce settlement, and you are now divorced,
why would you be liable for anything he does or that happens after the divorce?

9/2/2008 9:12:03 AMEx rented out joint owned home and hasnt made payment 
rlds
Ogden, UT
age: 49

Again, if the court grant him in writing that he's responsible of the house and it's his......take it to the bank and show it to him. Also, take him to court for contempt to ruin your credit.........it's going to be a mess but be patient and firm. I am not sure if you are qualify for legal aid......go there as well. Or,,,,,go find a lawyer with free half an hour consultation and he only charges you a fee after you win the case but add $$ against your ex for contempt. Do you want the house back? If so, have him sign it back to you and work with the bank to make monthly payment arrangement. There is advocacy agency out there that will help you keep the house. It's a thought. R

9/2/2008 6:28:05 PMEx rented out joint owned home and hasnt made payment 

otheah
Painesville, OH
age: 34

Hi marissa.

I had the same agreement with a similar situation. I started getting late notices on the joint almost immediately after the divorce was final. Luckily, I had it written in the divorce agreement that he had to refinance under his name within 60 days. On the 61st day, after finding that it had not been taken care of, nor had the process been started... I placed a for sale sign out in front of the house with my number to contact and took out an ad in our local paper (as instructed by my attorney). Goodness, if that didn't get things started. It took him 2 weeks to get everything handled. Because legally, I was told I had the right to sell the place, thereby putting him out - also, any residual money left over from the payoff of the mortgage would have been mine because he did not honor the contract. Now if that's not putting the fire under his bucket, I don't know what is.

9/2/2008 6:57:08 PMEx rented out joint owned home and hasnt made payment 

marissax4
Lakeside, CA
age: 41

Wow, many different people with the same issues.. At least I'm not by myself. I have been looking on line and can not seem to find many answers as to what my rights are. I am assuming that I can not make the renters move because in our divorce I am no longer the owner, but in the finance companies eyes I am still responsible. I wanted out so bad that I really didn't do much research, I just signed.. For anyone out there going through a divorce.. Get off the loan! I am thinking I might go to the court and see if I can not get him for contempt (not following divorce papers). I called the finance company today and told them I was going to see if there was anyway for the house to be signed back over to me and I would get some room mates and move back in. Guess it bothers me that almost a year later I am still being screwed by him. I'm at the point that I will lose everything just to see him get screwed one time.. Is this bad?

9/3/2008 4:42:40 PMEx rented out joint owned home and hasnt made payment 

maxium4x4
Findlay, OH
age: 51

The divorce papers should have all the details spelled out. He was awarded the house and debt, a time line for refinance should be included. Even if you do not have the finances, call your lawyer. If you leave this go on, you could find yourself in deeper debt.

Take action if your name is still on the finance papers, you are still accountable according to the bank. I can't stress this enough, doing nothing will severely damage your credit.

The lawyer should have had a time limit set for him to refinance, if that limit has been passed, the court will order the house sold to satisfy the agreement.

9/3/2008 6:42:33 PMEx rented out joint owned home and hasnt made payment 

vahuntress
Springfield, VA
age: 48

been there' - if you both co-signed - and this is for VA only all debts that incurred are both your responsiblity UNLESS the paperwork was worded to say otherwise. What you can do though - is put in writing to the debtors that you are legally divorced and your ex has custodial rights to the house along with any recurring future debts starting the day after the divorce. Then provide to them his current address and phone number if you know it and cc him so he is aware - being the nice person that you are. Because I assure you he is doing that on purpose due to the laws in your state. Make sure you keep all of the paperwork they send you and attach it to any coorespondence that they send back to you. - I truly sympathize with you - and this may not be the best approach but for quite a few this worked for me.

What really came as a shock to me was when the bank took $2000 out of my account and I hadn't even co-signed nor had any knowledge of what he bought. But we had a joint account there that I never used; this was the bank justification. I'm still working on this one. Gosh don't let me continue because I can truly write a book.

It doesn't work that way - that after the divorce all debts that were signed jointly - just magically disappear.

1 poster reference the change of address - he didn't so I couldn't forward any mail without his consent/signature. But I didn't try the motion thru the lawyer - ummmm a light just went on....



[Edited 9/3/2008 6:52:00 PM]

9/3/2008 7:13:04 PMEx rented out joint owned home and hasnt made payment 

bigdog747
Roswell, NM
age: 45

I agree take this back to the courts ASAP



[Edited 9/3/2008 7:13:24 PM]