Mar
15

ex husband does not want any finances from sale of house?

By dave
mortgage arrears

my ex has said that I can keep the house and any money from the house if it is sold in the future.and has stated this time and time again
that he dose not want any money.
But informed that this could not happen by friends as a court would not allow this to happen for me to have full ownership of the house,even though I have taken a loan out to clear the mortgage arrears confused

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Categories : Mortgage Arrears

8 Comments

1

get it in written so you wont have problems later noterized is even better

2

Make a signed declaration with him if this is the case or some form of written agreement, then that way if you have it as a signed paper it is bound by contract especially if you have independant witnesses to confirm the contract.
That way it is bound by law.

3

To be safe get it in writing in the presence of witnesses.NO WORRIES.

4

Sort of a real estate legal question, so I would wonder where your friends are getting their opinion. As your divorce has been finalized, you should have received a decree as to how assets would be divided. This should have included community property, such as the house. If the house was purchased by both, using both names on the contract, then that would have been divulged in court.
The best thing to do would be to sell the house, if that is what you want to do, but keep the records of the loan you took out. Proceeds from the sale would be divided equally, after your loan arrangements were calculated.
Don’t feel secure in this advice, then hire a real estate lawyer. I’m not one, but I did stay in a Holiday Inn last night!

5

Your separation agreement is settled betwen the two of you.
You can present it to a court as a ‘done deal’.
If you both agree they should not question it.
As an ethical question though: people in a break-up are often
not thinking too clearly. If there’s any considerable equity, you should
consider some accomodation.(Perhaps some portion of the return when
you eventually sell.)

6

get it in writing and have it notarized.

7

im no professional but my common sense tells me if he signs the house over to a cat then its the cats!!
so its yours get legal help, btw what a nice fella why u divorced lol only joking

8

your friends…. and the law has nothing to do with it…..

have your ex…. sign over the rights of the house to you…. end of story.

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