I need to reclaim possession of my home after the divorce.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I need to reclaim possession of my home after the divorce.
The ex-wife is not paying the mortgage as ordered in the divorce and she has moved out. Both of our names are still on the deed and note.
Asked on June 16, 2009 under Real Estate Law, Florida
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
if your wife was ordered to make payments as part of the divorce agreement if she is failing to do so you should make a motion with the court to order her to oblige. If she continues to refuse she can be held in contempt of court and eventually if she continues refusing to follow the order she can be put in jail
However none of that will keep the house paid and if the only way to ensure payment is made is for you to make the payments you may want to do so until you get the matter before a judge. keep records of your payments in case he decides to order she pay you back. Otherwise make a motion for control/occupancy of the home for yourself and/or for you to put the house on the market
you can do this on your own but hiring a local attorney may make it easier and ensure you dont miss anything that could help you in the long run. good luck
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.