Property


#1

My husband and I lived separated in same home for 3 years. I could not get legal separation because he would move out then move back in and said I would have to call the police if I wanted him out.

I still had 3 children at home and could not do anything. When 2 of the children (ages 16 and 18) went away to boarding schools I had just my 14 year old daughter and my sister wanted me to come out to Colorado and live with them. My daughter was begging me to leave my husband because of the craziness.

I moved to Colorado. After 1 year my husband filed for divorce, then the week before it would be final he threatened me to cancel the divorce.

Well, the divorce went through and there was no property settlement or custody settlement in the divorce.

I didn’t understand exactly what was going on and I had no money for an attorney.

So… We still own the house together.

I was gone over a year before he started paying any child support and then it was minimal and I had to beg and threaten each month to get it.

About 2 years and 3 months ago he quit paying our mortgage. He said he wasn’t going to pay for me to benefit. For whatever reason they still have not foreclosed on our house.

I have tried to get him to let me move in the house ( and him move out so I could get caught up on the mortgage ). He wouldn’t do that. The mortgage company said they would do a loan modification for us and he will not sign. He had a friend interested in buying and I was going to sell, but the friend ( a drug addict went through his money and didn’t have enough to buy it and had no credit) so, still in same situation.

So now I’m still trying to work with the mortgage company, with our hands tied.

What I am wondering, does my x-husband owe me back rent for the time he has lived there since our divorce?

Thank you for reading this lengthy explanation.


#2

Because your absolute divorce was granted and there was no written agreement on equitable distribution, that claim is now lost. Your recourse at this point is to do a motion for partition, that is the legal remedy to divide real property after a divorce is granted with no order or agreement on equitable distribution.