Can my wife kick me out if the divorce decree states that I’m to live in the house and make all payments but I’ve been unable to get it into my name due to credit issues?

It says that I would get the house put in my name as soon as I could. However, as of right now the house is in my ex-wife’s name because of credit issues. I am on the promissory, note that’s it. Can she kick me out since the house is in her name and she is not paying on the house with the money I transfer into her account? What can I do? We’ve been divorced for about 2 years.

Asked on July 20, 2015 under Family Law, Florida

Answers:

Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 5 years ago | Contributor

If you're on the note and making the payments, you should be making those payments to the mortgage company directly, not paying her and expecting her to pay them. That way you're protected. Otherwise, from what you have stated, it won't be her kicking you out, it will be the mortgage company in a foreclosure action.

Joanna M. Mitchell / Mitchell & Associates, PA

Answered 5 years ago | Contributor

If you're on the note and making the payments, you should be making those payments to the mortgage company directly, not paying her and expecting her to pay them. That way you're protected. Otherwise, from what you have stated, it won't be her kicking you out, it will be the mortgage company in a foreclosure action.


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