What to do if I was separated 3 years ago and have been staying at the house and paying the mortgage but title is not in my name?

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What to do if I was separated 3 years ago and have been staying at the house and paying the mortgage but title is not in my name?

My ex and I final the divorce 3 months ago and I got to keep the house. Since the previous loan was under my ex’s name ( even I have been paying for the mortgage ), I re-fi the house right after the divorce was settled. The previous loan was a impound loan. After a refi, the previous send my ex a check for all the property tax in the impound account. Now my ex is refusing to give me the property tax money back and said I dont have prove that he got the money and the money is for the property tax. I called the previous lender and of course they wont release information to me since my name was not on the loan. What choice I have?

Asked on December 5, 2014 under Family Law, California

Answers:

Bruce Provda / Provda Law Firm

Answered 6 years ago | Contributor

You need to speak with your divorce attorney.  If this  money was being kept by the mortgagee in an escrow account for the purposes of paying the taxes, then it should be used for that purpose.  However, the mortgagee only had  your husband's name on the  loan so they legally returned the money to him.  This might be something to go to court over.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on the language of your Settlement Agreement and your lawyer should have made sure that this issue was covered in some way.  The agreement is a contract between you and your ex and if the credit was yours because you were paying the mortgage you would likely have the right to sue your ex for the funds.  I would go and speak with your attorney.  Good luck.


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