Marital Home


#1

I signed a quit claim deed and basically gave the house to my ex wife. The mortgage is solely in my name. Currently, she is ordered to pay the mortgage and the equity line. To do this, she uses her child support and alimony to make payments. She is late all the time and I am afraid my credit score is taking a hit. Two of my three children are soon to be 18. I am concerned that when the child support is reduced, she wil not be able to make the payments.

Q- Will she be in contempt of court if she allows the mortgage go into forclosure?

Q- Can she be ordered to sign the house back over to me to avoid forclosure?

Q- I signed the house over to her as part of an agreement to reduce alimony. Could forclosure have an affect on the alimony agreement since she would be breaking the agreement?

Q- In theory, if it took ten years to sell the house, she would not be required to refinance the house into her name?

Thank you


#2

If she is ordered to pay the mortgage and equity line and fails to do so, you may file an motion to have her held in contempt. If the court finds that she is wilfully violating her obligation as outlined in the Order, she can be fined, or even placed in jail until she complies with the Order.

If the Court finds that your credit is in danger, and that she cannot fulfil her obligations a judge could order the home sold.

A foreclosure of the home could be a substantial change in circumstances which would allow her to seek a modification of alimony.


#3

The home is already on the market. The home and all it’s interest were included in our agreement for alimony. She assumed all risks and repairs as well as any proceeds when she signed the quit claim. How can she come after me for more alimony because she failed to keep her end of the deal? Doesn’t sound right to me.


#4

The court should force her to make good on her part of the agreement, and you should be reimbursed and indemnified for any losses you incur as a result of her failure to follow the order.

As for alimony, if she moves into a new home that costs less, alimony can be reduced.