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The house!

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basylica

Member
What is the name of your state (only U.S. law)? texas

Ok, we seperated in feb of 08. long dramatic story there involving him raiding the house with his parents help, taking the kids and emptying the joint acct and serving me papers @ work in a friday and not having any money or knowing where my 1 and 4yr old were for 5 days :(

We finally did mediation (texas pretty much demands it in divorce cases with kids) and unfortunately there wasn't much they were really willing to do with the house.
my ex went first during mediation and gave the mediator his list of demands before she came into my room. the demand regarding the house was that "he says since you want the house, you can give him 5K and refinance"

the thing is, I DONT want the house. I didn't exactally fight for it during temp orders, but he was already living with his parents about 40mi away, and all of my family lives in chicago. I had nowhere to go (he suggested during temp orders he should have the house and I go live at the hotel I work for at 50/night for a small room....and I don't get the 50/night discount whenever I want)
the judge during temp orders agreed that he couldn't afford it (700/mth mortgage plus 3200/yr taxes, and homeowners ins..etc) and *I* could, he had somewhere else to live and I didn't, and I had primary custody.

we bought the house for er....133 I think? in jan of 05. we still owed jan and feb mortgage when he took off (he had been hiding mail) so basically he made 3yrs of payments at 50% as far as the law is concerned. I've made 3yrs @ 50% and 2 years @ 100%

we'd need 140 to break even with realtor fees and balance owed. House is worth *maybe* 100-110. I've gotten one offer for 80. ROFL.

I couldn't refi because he's damaged my credit so badly during the divorce (running up CCs and not paying, etc) that it's doubtful I could at this point. I certainly wasn't about to pay him a 5K bonus ontop of it.

I don't really want the house. we looked at 150 houses, and no, i'm not joking....and this was the ONLY one he remotely liked. I was just tired of looking. hehe.
I actually found a house last year I loved, but couldn't buy obviously while still stuck here. almost half the mortgage too :(

Meanwhile the agreement was that I was to list the house and we both have to agree to the sale with no sale-by date stipulated. it's been 8m since mediation and i had the one offer for 2/3rd of the list price.
I'm honestly annoyed with the in and out of people traipsing through the house, tired of paying for the repairs on a house I loathe, tired of not being able to fix up and nest now that he's gone....because i can't think of it as MY house since I know i'll have to move eventually.
I'd like to get rid of the ex being involved as well.
Plus, the feedback reports go to him and myself, and hearing "it needs too much work....this place is a dump" type comments gets a bit hurtful after awhile. It's def not a dump....but my ex punched holes in walls, ripped screen doors off house, and so on. The fence was falling down when we bought it and i'm still in the middle of tearing it down myself. I don't feel much like putting money into it though. Not with him benefitting.

I'd be happy to sign the thing over to him, but he makes 1600/mth after taxes and is *supposed* to pay 530/mth in child support which certainly wouldn't cover 1000 a month in mortgage/tax plus 300-600/mth in electric...
I'm not going to sell the house and make a huge loss on it, just to move elsewhere. that seems silly.

I don't know what my options are, or what I want to do....as I don't know what I *can* do.
The divorce still isn't final yet (nov is next court date. his lawyer was supposed to finish after mediation in march, she hasn't done that and he hasn't paid a dime of CS yet.....so we are going back to court yet again!)
but I figured after a year or so of having the house listed and no bites, might be fodder enough for the court to do something more?

I dunno. aside from forcing him to sign like a quit claim, anything I could do?
 


mistoffolees

Senior Member
Is your divorce final? If so, you have to do whatever the orders say.

If it's not final, you can ask the judge for whatever you want.


In any event, you own a house with more debt than the house is worth. You're not going to be able to refi without brining money to the table to create some equity. That means that one of you has to stay in the house or you have to sell it at a loss.

Since you're the only one who can afford the mortgage, that means that if anyone stays, it's you. If you don't want to stay, ask the judge to order it sold. But, realistically, you have to sell it for market value. Wishing for a higher price won't help. Maybe you can get the bank to agree to a short sale, but you don't have a lot of other options.

As for the child support, there are steps you can take to collect the child support. Sitting there and complaining that he hasn't paid won't do you any good.
 

basylica

Member
Re child support, I am. The divorce still isn't final, we went to mediation in march and *his* lawyer was supposed to draft final decree and submit since he was the petitioner.
months rolled by with no money and no divorce. My lawyer spent 2 months of calls to his lawyer and the mediator since legally we had to go through the mediator before court.....to no avail. Finally sometime in july his lawyer said "the docs are in the mail!"

*crickets*

sept my lawyer drew up the documents, submitted them and got a date of oct 5th for divorce, sanctions and atty fees for not doing the thing, and child support issues. My ex's lawyer pulled fancy stuff and we are rescheduled for nov 9th.

Wasn't whinging....(altho I want to. he tells the kids he should have full custody and i'm a bad mother but can't be bothered to pay CS...but he can take me to court and try and run me out of money while sponging of his parents!) just pointing out that combo of CS he's *supposed* to pay plus mortgage is more than he makes.

I don't want to sell the house at a loss, refinancing in future is possible because as far as the bank is concerned it's worth more than market value.
I'm tired of people coming to see my house when I know the price is too high.....frustrating. Also frustrating not feeling able to feather my nest, so to speak. Feel like i'm in limbo.
I'm also worried that if I refuse showings, he can attack me in court (once again) over the matter.

Sucks that I have to have the albatross because I can afford it and he can't. Sure wish I could move in with my parents and be a leach on society.... :P
 

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