his ex wife do not want to sell their house and they were married in community of property

Lauren - posted on 04/08/2015 ( 11 moms have responded )

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my husband's ex giving him a hard time, almost 8 years later she still do not want to sell their house which is standing and she is renting out without his knowledge. the bond gets paid of this morning. she is re-married as well. when he consult her over the house, she says take me to court. when he goes on the property she say she gna call the cops. the lawyers are so expensive. the lawyer we contacted said that I also play a big role in this and when I talk about it he gets a bit mad. I just want to help hm. It is money laying there that he worked for. Can anybody gives us advice as to what can happen should a lawyer gets involve. They have two kids together and we have one. I told him should he die before me I will fight for his share.

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Jodi - posted on 04/13/2015

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Again, why did he not finalise his assets and debts when he left her? And why is he not doing something about it now? Tell him to go and see a lawyer, for goodness sake. A bunch of women on the internet cannot help you with this situation.

Michelle - posted on 04/12/2015

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You would have to ask a lawyer. We aren't qualified to answer legal questions and you would probably get the wrong advice here.

Lauren - posted on 04/12/2015

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She never stayd in that house. for the last 8 years now. and the house was empty for the first two years they broke in and the neighbours called him and when he told her she said its not my problem but she changed the locks for him not to come in. if my husband dies am a liable for his debt. we married in community of property.

Trisha - posted on 04/10/2015

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In certain situations, if there is no legal agreement set up, if a person is living on a piece of property for over 7 years, they can actually claim that land as their legally. Squatters rights is what they call it. Has she been living in the house during this time? Your husband may have put himself in a seriously detrimental situation. My guess is that the paperwork for the house still has his name on it as well. That means if she defaults on payments, out of spite your husband is still responsible.

Lauren - posted on 04/09/2015

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thank you Shaun for your advice. he do have a second job and we are doing just fine. And I am working since out of school. I have never ever been at home. As for her, sitting on her ass, letting family make food for her, I think is spoilt. But things will work out in its own way. I understand that had to be done in the divorce agreement but because of her being so bitchy he didn't want to as it would have taken longer.

When we got married she even had the cops till in my bedroom when he just came out of an operation lying on the bed saying he broke into HER house. and then month after month she sent the court for maintenance raise. I have nothing against this woman cos we don't correspond at all. I leave it to them to sort out.

♫ Shawnn ♪♫♫ - posted on 04/09/2015

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This should have been something that was settled during the initial property split in the divorce. If it wasn't, well, its his own fault. If he's now struggling financially, he needs to man up and get a second (or third) job. Maybe you could go to work as well to help with the finances that you and he share?

You legally have no say about the house. You can be supportive of your spouse, but he, the ex, and their attorneys are the ones who have to work this out.

Jodi - posted on 04/09/2015

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If he didn't sort it out when he divorced her, then he's not that bright, really. He should have sorted it in court back then. How complicated can it be for him not to have done that? He really IS going to have to go to court over this to force the sale, unless there is an order for something else that was supposed to happen.

Lauren - posted on 04/08/2015

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it is complicated
and I just want him get what is owed to him
I just feel she gets away with murder with a sob storiesWe are struggling financially and why do we have to put ourselves in a thing where there is money where he can buy a car. its like she is rejoicing in this matter.

Ev - posted on 04/08/2015

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But that is fine that you know what is going on but as Michelle has said this is their issue and not yours and you have no say legally in it and should only be a support for him in this. It might be a very complicated thing since its been so long. Let them work it out.

Lauren - posted on 04/08/2015

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I know. the rent money she gets goes straight into the bond money. so the house is not behind at all

Michelle - posted on 04/08/2015

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They should have sorted out the property division BEFORE either of them remarried. He needs to get a lawyer and get it sorted out. If she wants to keep the house then it needs to be valued and then she needs to pay him half (after what is still owing on the mortgage). The fact that they have waited so long could change things though. It also depends who has been paying the mortgage since they split.
You need to stay out of it all though, this is between them. You don't even need to talk to the lawyer.

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