ย #DivorceHelp #HomeOwnership #CustodyBattle #FinancialStruggles
Hey there! ๐ I just wanted to share a little bit of my story and maybe get some advice from those who have been in a similar situation.
So, my ex-husband is refusing to sell our home, which is causing me a lot of stress and worry. After going through a tough divorce and trying to make ends meet while raising three kids on my own, I really could use some relief. Here are some key points to consider:
– I have full custody of our children and provide the majority of their care and financial support.
– My ex-husband has been paying a small amount of child support, but it barely covers a fraction of my childcare expenses.
– He still lives in the house we owned together and has become aggressive and threatening when I mention selling it or him buying me out.
I’m at a loss for what to do next. I want to move forward and create a better life for myself and my kids, but I feel stuck with the house situation.
Do you have any advice or suggestions on how I can handle this? Maybe seeking legal help or mediation could be an option? Any input would be greatly appreciated. Thank you for listening to my story! ๐ก๐ผ๐
Depends on where you live but most states in the US have a procedure for forcing a buyout or sale. I know it as a โPartition Actionโ but legal stuff is called by different names in different areas. This could/should have been handled during the divorce proceedings but, hindsight is 20/20 and these things happen from time to time. Call lawyers who do either real estate or divorce and ask about procedures to have the court divide jointly owned real estate. Thereโs a way forward here. Good luck!
Homie, $600 for all 3 kids is absolutely nothing.I pay close to 1K for 1 child and I have no problem paying that because itโs fair and kids are freaking expensive. Ask for more or go to court and have them figure it out if you canโt get more.
You should get some form of communication app that the courts will accept transcripts from, and only communicate with him through that app for co-parenting stuff. Everything else between the two of you should go through a lawyer!
Your remedies depend on your divorce papers. If the house was awarded to him without any other terms or conditions, there might not be much you can do.
If the house was awarded to him on the condition that he refinance the debt with a cash-out refi to pay off debts, you might be able to succeed in a contract enforcement case and at least seek specific performance of the terms.
If the house was not awarded to either of you in the divorce papers, you can ask the court to divide undivided marital property by sale and receive funds that way.
My suggestion is that you take your divorce papers to a legal aid intake clinic. They probably won’t staff your case, but they should let you meet with an attorney for a little while so that you can find out if you have any avenues to pursue in court.
Get in touch with legal aid, they can offer low cost legal help.
You are correct that he has a counterclaim for half of the mortgage payments during that time. If there’s enough equity in the house, file a suit to force the sale of the house and let the chips fall where they may. At this point, he’s accruing a claim against you for every month that the host is not sold.
You might offer to reimburse him for one half of the reduction in principal owed on the mortgage since the day of divorce and see if he’d accept that.
That is a contract and people get to make bad deals that the U.S. Construction prohibits courts from changing. But you have a right to have the house sold and get what money you can from it.
Use a good lawyer this time. ๐
Great ideas. You can certainly recover child support that was court ordered and he didn’t pay.
There is better advice than i give posted already. I just want to say your a wonderful mother and absolutely crushing it.
I also have a feeling you added a lot of qualifying i information that i appreciate you shared. It is unnecessary for this post though. You own half the equity in that home and are entitled to half of the marital assets. Donโt let anyone tell you, or think your self as โgold diggingโ asking for you it yours. If you were flush with cash and could t spend it that equity is yours. Hopefully these other posters can lead you better to information that will help you recover it.
LAWYER!!!!! Find a really aggressive Lawyer. and take him back to court. Whatever lawyer you had before was a complete idiot, or actually working in your ex’s behalf.
Find a realtor. Show them the above papers. Then list the house.
Not a lawyer: What I did was go online to the county website and start a case file for Contempt of a court order, using your divorce case number. (Find out exactly what your D papers say). From there I had to go to the courthouse and file a Petition For Rule To Show Cause to get a court date. You might want to think about renegotiating your child support as well, that seems extremely low unless you make a lot of money.
Was this a diy divorce? Whatโs his income and what state are you in?
A consult with a family law attorney is almost certainly a good investment.