my stbx-wife is a psycho, need serious help!!

[diamortem]

What is the name of your state?Michigan

Hi my name is Jason. I am currently going through a divorce and I have many problems that I do not want to pay my atty to battle if un-nessesary.
First is the property issue. We are in agreement that I keep the house but she will not sign a quit-claims deed until the divorce is final. We purchaced the home in July 2003 as un-married. The title and mortgage has me listed as mortgagor and her co-mortgagor and her maiden name is used for all documents. We got married in August 2003, and she left the residence in March 2005.
Here's the problem, I have not had access to my son until 2 weeks ago when the Friend of the Court Concilliator gave me my visitation rights. Ever since then my wife has been coming to my home and going through my mail, into my garage, onto my porch, looking into windows, and trying to open my windows while I'm at work. My neighbor relayed this information to me and I told him to call the police if he sees it happen again.
When I confronted her on this she stated that the property still is in her name and she has not done a change of address at the Secretary of State. All her mail has been changed to arrive at her new residence but she refuses to have it legally changed. She also admitted to trying to gain access to the home through a window so she can get my spare key set and make copies. This key set has my house, motorcycle, car, garage, and work keys on it. She said that she has full rights to the home and to all property thierin. Is this true even though she abandonded the property 7 months ago and when she left she took all the property in the home except a couch? I had to buy a new washer/dryer, microwave, tv, computer (the one she took I bought in highschool and kept upgrading), bed, surround sound, dishes, silverware, cookware, dining table, curtians, rugs, picture frames, and a few other things. She says she has a right to take these also since I'm keeping the home and she doesn't want her half of the equity she just wants comparable asset property that she can sell, is she entitled to "break-in" and take anything she wants? Is she entitled to "break-in" at all?

Please help me,
Jason

 

[stealth2]

It's her house, too, dude. She should not actually sign a quit-claim deed until the divorce is final - and you have refi'd to get her name off the mortgage. She'd be a fool to do it otherwise.

 

[diamortem]

yeah I realize it is her house too, but a landlord cannot enter a domicile without notice and definately cannot climb through a window to gain access to the home. Her mail has all been re-routed to her home also by her request. In the divorce and custody paperwork filed with the court it states that her address is her new address. She just hasn't changed it with Secretary of State. Yeah I realize shed be a fool to deed the house right now, but she has a government-aide atty working pro-bono, and I have a top dollar atty who is recognized by American Divorce Assn for Men (ADAM) and Fathers Rights for Equality in Divorce (FRED), I was hopeing to coax her to sign it over to me. A good pulling point on the property that I have is that I am filing for bankruptcy. I told her that if she dont sign off on the house that I'd have to either file on the house, refinance (no possibility on that since she ruined my credit and I'm filing for bankruptcy), of go into forclosure. The only possible way for her to get out of it clean is to sign it over now so I can hope to either refinance in my name only or sell by the finalization date.
Maybe I'm bitter because she is pregnant and due in december, I was thinking all along that this is going to be my child, and she also kept saying that there is no possibility that is not mine. Well the other day she told my that there is a very good chance that it is not mine. I guess I have it in for the lying b**ch!

 

[LdiJ]

yeah I realize it is her house too, but a landlord cannot enter a domicile without notice and definately cannot climb through a window to gain access to the home. Her mail has all been re-routed to her home also by her request. In the divorce and custody paperwork filed with the court it states that her address is her new address. She just hasn't changed it with Secretary of State. Yeah I realize shed be a fool to deed the house right now, but she has a government-aide atty working pro-bono, and I have a top dollar atty who is recognized by American Divorce Assn for Men (ADAM) and Fathers Rights for Equality in Divorce (FRED), I was hopeing to coax her to sign it over to me. A good pulling point on the property that I have is that I am filing for bankruptcy. I told her that if she dont sign off on the house that I'd have to either file on the house, refinance (no possibility on that since she ruined my credit and I'm filing for bankruptcy), of go into forclosure. The only possible way for her to get out of it clean is to sign it over now so I can hope to either refinance in my name only or sell by the finalization date.
Maybe I'm bitter because she is pregnant and due in december, I was thinking all along that this is going to be my child, and she also kept saying that there is no possibility that is not mine. Well the other day she told my that there is a very good chance that it is not mine. I guess I have it in for the lying b**ch!

Uh dude....your logic is faulty. No, a landlord can't do any of the things that you mentioned, however a tenant also CANNOT change the locks so that the landlord cannot enter the home. Plus this isn't a landlord/tenant situation anyway.

In addition, your bankruptcy complicates things enormously. You have no way to get her off the mortgage without selling the home at this point. Therefore, in the end the judge is probably going to order you to sell the home. If you expect her to give you a quit claim deed while she is still on the mortgage then you are living in fantasyland.

If you are considering including the home in the bankruptcy, when reaffirming it and then selling it would be much wiser economically, then you are being foolish. Don't let your anger and bitterness against her cause you to make foolish financial decisions.

 

[diamortem]

If I have to sell the home then I have to sell it, but my main issue is that she can enter my home and invade my privacy at any time. Is there anything I can do to prevent this until the home is sold? Do the court documents stating that her residence is different than mine have any pull in keeping her out? That is all I am concerned about. She had nothing to do with the home and was agreeing to sign off on the house until I got my visitation rights.
Also she has threatened me, my property and on 2 occasions she has physically assaulted me. There are police reports filed in court though I did not prosecute.
Also it states in my visitation rights that I have uninterrupted time with my son during my visitation days. The only thing she can contact me about is about the status of my son via phone. When I do have him she shows up here starting fights, she calls consistantly to argue with me, and this is the only time she contacts me interrupting my parenting time.
I have filed 3 complaints with the Friend of Court regarding parenting time, and they tell me that if she keeps it up they will put her in jail. They said that after my first complaint and now after 2 more no recourse has been taken.
I am thinking of filing a PPO against her, if I do so will this keep her off the property even though her name is still on the deed? Or can she say that she wants the house and I'll have to find a place to stay in order to comply with the PPO?
This is honestly a huge mess and I know I have limited options and rights, I just need a handle to grasp and take hold so she does not continue to harass me.

Thanks,
Jason