20 months into separation, 4 court appearances and still no separation agreement. Divorce motion was severed and awaiting Judges signature which should be any day! STBX has not paid on mortgage for almost a year and when he quit paying the mortgage it was still more than the two estimated valuations done on the property at his request.
Our court case has now been dismissed from superior court due to inactivity as He fired his lawyer after accumulation $50,000.00 in fees that achieved absolutely NOTHING. I was always self represented ( and successful at winning all my motions and costs awarded to me as a self represented litigant).
So here is the question: Do I refile a court case and file motion to remove him from title of home(is that the only way to get him off title?) or can I prepare (through real estate lawyer) documents to serve him with to get him to sign off title by transfer without court? Do I need a separation agreement or can I just do the transfer of title? Once he stops paying on the mortgage doesn't that mean he no longer has claim to any equity in home from that date forward?
I think he will transfer title voluntarily as he knows he has no financial claim to property as there is zero equity in the home especially since the home inspection valuations showed a lower value than the mortgage.
When you buy a home you don't need any other documents so I am thinking that I can serve him the transfer documents with the hopes he signs the home over to me. I have the kids and the mortgage payments are in good standing. He hasn't paid a dime in the last year....and when he did pay he only paid mortgage until house assessment came in under the value of the mortgage.
Our court case has now been dismissed from superior court due to inactivity as He fired his lawyer after accumulation $50,000.00 in fees that achieved absolutely NOTHING. I was always self represented ( and successful at winning all my motions and costs awarded to me as a self represented litigant).
So here is the question: Do I refile a court case and file motion to remove him from title of home(is that the only way to get him off title?) or can I prepare (through real estate lawyer) documents to serve him with to get him to sign off title by transfer without court? Do I need a separation agreement or can I just do the transfer of title? Once he stops paying on the mortgage doesn't that mean he no longer has claim to any equity in home from that date forward?
I think he will transfer title voluntarily as he knows he has no financial claim to property as there is zero equity in the home especially since the home inspection valuations showed a lower value than the mortgage.
When you buy a home you don't need any other documents so I am thinking that I can serve him the transfer documents with the hopes he signs the home over to me. I have the kids and the mortgage payments are in good standing. He hasn't paid a dime in the last year....and when he did pay he only paid mortgage until house assessment came in under the value of the mortgage.
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