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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1 (permalink)  
Old 04-10-2014, 03:06 PM
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separated 18 months, no resolution at all. I accepted offer to settle now ex says he revoked it and wants to go to trial.
He has not paid on Mortgage in over a year and there is zero equity in the home.
Does anyone know what it means if he doesn't pay on mortgage? Has he given up his financial claim on home?
He doesn't pay anything...no CS, SS just his half of a personal loan.
If he doesn't have a claim on house now because of not paying mortgage can I get him to sign a quit claim deed so I can get him off the mortgage at the bank and transfer the title to me? I want to fix up the house but If I do and the house begins to get some equity will I have to pay him an equalization payment for the renovations that led to a higher home valuation?
Right now the value of the house is par with the mortgage and only I have paid the mortgage for a year.
HELP?
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Old 04-10-2014, 03:14 PM
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Quote:
Originally Posted by Northern Phoenix View Post
separated 18 months, no resolution at all. I accepted offer to settle now ex says he revoked it and wants to go to trial.
He has not paid on Mortgage in over a year and there is zero equity in the home.
Does anyone know what it means if he doesn't pay on mortgage? Has he given up his financial claim on home?
He doesn't pay anything...no CS, SS just his half of a personal loan.
If he doesn't have a claim on house now because of not paying mortgage can I get him to sign a quit claim deed so I can get him off the mortgage at the bank and transfer the title to me? I want to fix up the house but If I do and the house begins to get some equity will I have to pay him an equalization payment for the renovations that led to a higher home valuation?
Right now the value of the house is par with the mortgage and only I have paid the mortgage for a year.
HELP?
Are you living in the home? If so than technically its on you to pay the mortgage. If he were to pay the mortgage, then he can also claim occupation rent from you.

You should have gotten an appraisal on the day of seperation.
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Old 04-10-2014, 03:16 PM
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I am living in the home. We did get two appraisals which were under the current mortgage. He can't do the occupation rent thing as he hasn't paid CS or SS. He tried that already.
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Old 04-10-2014, 03:25 PM
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DowntroddenDad will become famous soon enough
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Quote:
Originally Posted by Northern Phoenix View Post
separated 18 months, no resolution at all. I accepted offer to settle now ex says he revoked it and wants to go to trial.
He has not paid on Mortgage in over a year and there is zero equity in the home.
Does anyone know what it means if he doesn't pay on mortgage? Has he given up his financial claim on home?
He doesn't pay anything...no CS, SS just his half of a personal loan.
If he doesn't have a claim on house now because of not paying mortgage can I get him to sign a quit claim deed so I can get him off the mortgage at the bank and transfer the title to me? I want to fix up the house but If I do and the house begins to get some equity will I have to pay him an equalization payment for the renovations that led to a higher home valuation?
Right now the value of the house is par with the mortgage and only I have paid the mortgage for a year.
HELP?
Until the house is sold, you each own 50%. If both names are on the mortgage, both people are responsible for the mortgage.

You should get CS looked after immediately. It is the right of the children, and should be straightforward. You can put forward an urgent motion and would likely get a temporary order in place for CS.

Spousal support is trickier in that it is not automatic, you have to prove the need for it. Do you have a lawyer?
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Old 04-10-2014, 03:53 PM
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Quote:
Originally Posted by Northern Phoenix View Post
I am living in the home. We did get two appraisals which were under the current mortgage. He can't do the occupation rent thing as he hasn't paid CS or SS. He tried that already.
Occupational rent isn't connected with c/s or s/s. It has to do with that the ex owns 50% of the house, but doesn't live there and you are getting the benefit of their 1/2 of the house. But if he hasn't paid the mortgage, it is harder to argue for.

C/S, as mentioned, is the right of the child. You should be able to obtain that quickly, and he should agree to pay it.

S/S, as mentioned, isn't a slam dunk. You need to prove entitlement, either compensatory (you sacrificed your career for the benefit of the family, thus your earning capacity suffered) or non-compensatory (he makes A LOT more than you). But there is no automatic entitlement, it is on you to prove you are entitled and either get him to agree or a court to order it. Him not paying it is likely based off of his lawyers advice not to, as paying you anything more than c/s may be deemed on his part that you are entitled.
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Old 04-10-2014, 04:13 PM
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I don't want anything from him. I just want him to sign off on title of home and go away. I can't afford lawyer but make too much for legal aid. He make way more than I do. I just want to secure the home for kids and I and end this painful journey. He wins....keeps pension and all his money.
Does it give me any advantage since he no longer pays mortgage? I believe it does legally. Which is fine. He is now insisting on going to court for trial. We have been to court 5 times. I have won self represented. I accepted an offer to settle and now he says he revoked it (which he didn't). I just want the home my kids grew up in so they can continue to be settled and happy. Seriously..he wins alot here but can't see it. He had to let his lawyer go due to his 50K in legal fees for NOTHING. Now he has his bitterness and alcoholism fueling this fight.
I know that I should fight for CS etc. but it isn't worth it and I can take care of the kids myself. Two jobs, and my parents are helping so we are fine without his money. I just want the house. The mortgage is still underwater and that is fine with me as I don't plan on moving anywhere. I severed the divorce and that is finalized. He doesn't pay mortgage and I was told that means he no longer can have a financial interest in home since it was not worth the mortgage at the time he stopped paying and he cannot claim occupation rent since he no longer pays towards it.
Case law I have researched indicates that I would be successful at trial with what I am asking and he would be the "loser" and I would be awarded costs as well. I don't want him to have any more legal fees. I just want peace. I wish someone would give him some sound advice. He had the most aggressive viper of a lawyer who ran up his bills by preying on his emotional state and then he ran out of money which left him even more bitter AT ME!
I wish this would end....I really do.
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Old 04-10-2014, 04:34 PM
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Quote:
Originally Posted by Northern Phoenix View Post
I don't want anything from him. I just want him to sign off on title of home and go away. I can't afford lawyer but make too much for legal aid. He make way more than I do. I just want to secure the home for kids and I and end this painful journey. He wins....keeps pension and all his money.
Does it give me any advantage since he no longer pays mortgage? I believe it does legally. Which is fine. He is now insisting on going to court for trial. We have been to court 5 times. I have won self represented. I accepted an offer to settle and now he says he revoked it (which he didn't). I just want the home my kids grew up in so they can continue to be settled and happy. Seriously..he wins alot here but can't see it. He had to let his lawyer go due to his 50K in legal fees for NOTHING. Now he has his bitterness and alcoholism fueling this fight.
I know that I should fight for CS etc. but it isn't worth it and I can take care of the kids myself. Two jobs, and my parents are helping so we are fine without his money. I just want the house. The mortgage is still underwater and that is fine with me as I don't plan on moving anywhere. I severed the divorce and that is finalized. He doesn't pay mortgage and I was told that means he no longer can have a financial interest in home since it was not worth the mortgage at the time he stopped paying and he cannot claim occupation rent since he no longer pays towards it.
Case law I have researched indicates that I would be successful at trial with what I am asking and he would be the "loser" and I would be awarded costs as well. I don't want him to have any more legal fees. I just want peace. I wish someone would give him some sound advice. He had the most aggressive viper of a lawyer who ran up his bills by preying on his emotional state and then he ran out of money which left him even more bitter AT ME!
I wish this would end....I really do.

CS is the right of the children, and if you go before a judge you will most certainly get it. Others here can help you with the process, I haven't been through it myself.

You are correct that he would not get awarded occupational rent unless he is holding up his half of the costs of ownership(mortgage, property taxes and insurance).

But he does have a financial interest in the house until it is sold, to you or others.
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