Does my ex-wife have grounds to evict me if I was awarded the house but it is in her name only?
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Does my ex-wife have grounds to evict me if I was awarded the house but it is in her name only?
In our divorce agreement I was awarded the house. My name is not on the title/mortgage, it is in her name. She added a stipulation to the divorce agreement that I would have the house transferred to my name within 6 months or she could sell it. I had the paperwork all set up to add my name so that we could take her name off of it, but she said she will no longer transfer but I can buy it from her. The 6 months is up & she said I’ll be evicted. I paid the mortgage/bills for 3 years since she left and my business is on the property. What should I do? Does she have grounds for eviction?
Asked on February 1, 2012 under Family Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay calm down. Here is what you need to do. You need to go back to court and you need to speak with an attornye as soon as possbile. She can not "evict" you. She is in breach of the divorce agreement which is a contract AND in contempt of the court order that granted the divorce and incorporated the agreement. Judge's do not like it when parties violate their orders. You may think that you are in the bad spot here but you really have the uppper hand. Now, go and submit the paperwork regardless of what she says. You agreed to that and you need to show the court that you are in compliance with everything. Who cares if it is late; that can be explained later. Good luck.
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