ED.. Ex- now says house isn't marital property?


#1

The house is still part of marital property. Since it was refinanced in your husband’s name solely but ED was never final then he could still owe her 1/2 the equity in the home at the time of separation. But considering you have on tape that she gave the house to him, it is his. The land was used as collateral on the home, that is all part of marital assets and debts. Did she give him both land and home or just home and she kept the land? Plus, keep in mind that she owes 1/2 of the marital debt that was owed 3 years ago. That means that should your husband decide to sell, he can always argue in court that her 1/2 of the debt will be paid by the sell of the home…maybe discuss this with an attorney.
I don’t think you can be ordered to keep the house.
In this situation, if I could afford it. I’d get an apartment, move everything out, make no payments, install security cameras and leave it sitting empty. Since it’s in his name, she can’t live there without his permission. I know this would ruin his credit, but if this were me, I would also keep in mind that the land and home will be “repossesed” by the bank and if the land’s in her name she’ll go down too. It’s a valid threat that may not need to be actually used if it can win a “confession” or signature from her on an agreement.
Hopefully an attorney will respond.


#2

Yes the whole kit and kaboodle was included in the deal, house and land, but of course when he met me she went to whinning that the land was hers and he needed to pay her.

But you’re right, it is a valid threat to move, we could still pay the payment to save his credit but she need not know that LOL. Several mortgage companies take forever to foreclose and unless you have the right to ask questions they won’t answer them!

Thanks for the idea.[8D]


#3

Dear Kayleee:

Greetings. You should, and can, finalize the equitable distribution claim. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Hi all back again with some questions.

Here’s the scenerio in as short a version as I can get.

My hubby and his ex-wife disagree on the distrabution of the house and land. Here’s how it went in 2003

  1. House refinanced in only his name because of debts. Her name still on tax assesors books and homeowners insurance (of course)

  2. 2003 She left told him he could have the house cause she couldn’t pay for it.

  3. 2006 She’s caught on tape admitting to giving him the house and I quote, “Yes I gave it to you until you started your sh**, but you can’t prove it cause there’s nothing in writing.” end quote

  4. 2006 a claim for ED is included by him in request for absolute divorce judge grants divorce and ED to be settled at a later date.

  5. ex-wife keeps demanding payment in amounts of $5000-8000(net value was only $8700) for the land or demanding that the home be removed and land returned to her, but land was used as collateral for the home.

Finally today my hubby offered a payment to his ex to settle the house and suddenly she claims that the house and land is no longer marital property??? And I quote, “It once was marital property but now it’s not” end quote. ??? What is she thinking???

Now mind you this entire 3 and 1/2 years my hubby has paid the mortgage, insurance and taxes on this home with NO contribution from her in the amount of $27090.00.$19000.00 of that was the principal of the mortgage!

We don’t want the house! Her family is our neighbors, 1 of our dogs have been poisoned to death, 1 dog was shot. She is constantly telling my hubby what we can and can not do to the land. She screams and yells that I have no right to do anything here or claim anything. She’s on at least a monthly basis fussing that it’s hers and he owes her such and such amount! Well I don’t want it and neither does my husband! We want a place that we and our kids can live in peace free from the fear of harm from her family and her!

We have decided to throw her and her lawyer for a loop and on the ED affidavit allow the house to go to her, problem is…She can’t get a loan and even in her rants and raves that it belongs to her she admits she can’t get a loan cause her credit stinks.

We want it sold but my hubby is affraid a judge will make him pay her the FMV of the house and not half of what is left over from the sale, can that happen? Could a judge order that he can keep it based on her admissions that are on tape recording that she gave it to my hubby?

WHAT CAN WE DO[?][?][?]