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How can we do this legally?

At present, we are living in a home owned by my fiance' and his ex. The ex lives out of state and my fiance' was awarded the home in the divorce decree. (Mind you, we began dating after they had been divorced) Now, we are wanting to move from the house into a home of our own. We have given her the options of either taking over the home, selling the home, or, worst case scenario, dropping the home and allowing it to go into foreclosure. She, of course, has denied to take over the home and also to sell the home. She has also informed him that as he was given the home in the divorce, he will have to "uphold the contract." Thing is, she has complained constantly about my living here with my two children (both of which are his) and has made it apparent she wants us out. Is there anything we can do to move out of the home without reprocussions?

Answer Question
 
Anonymous

Asked by Anonymous at 12:52 PM on Sep. 17, 2009 in Money & Work

Answers (9)
  • A lawyer would know best. But it seems to me that if he was awarded the home, then he should be able to sell it without any input from her.
    Petie

    Answer by Petie at 12:55 PM on Sep. 17, 2009

  • Was she given a deadline to pay him for her half of the equity?
    Anonymous

    Answer by Anonymous at 1:03 PM on Sep. 17, 2009

  • If he was awarded ownership of the home in the divorce decree, the home is his. As long as the divorce is final, she has no say whether or not you sell the home.
    lvpenguino

    Answer by lvpenguino at 1:05 PM on Sep. 17, 2009

  • In wa state what the lady above me said is correct. If he was awarded per the divorce decree then she has no say.
    mamakirs

    Answer by mamakirs at 1:19 PM on Sep. 17, 2009

  • sounds like she has no say, but if you ever need affordable services(cost of a cup of coffee a day); take a look at we have to offer.


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    IraqiVetWife

    Answer by IraqiVetWife at 2:06 PM on Sep. 17, 2009

  • it sounds like yeah, if he was awarded the house, its his sell it and move on with your lives.
    Princessofscots

    Answer by Princessofscots at 2:17 PM on Sep. 17, 2009

  • "Was she given a deadline to pay him for her half of the equity? "

    That was actually never brought up on court. I will have to check our laws in my state to see but if they coincide with the laws of WA state then we should be all right. Near as I can tell, he's wanting to be civil about this but I'm not certain WHY. (There's a very long and sad story but that is another issue entirely)
    Anonymous

    Answer by Anonymous at 3:36 PM on Sep. 17, 2009

  • If the house was given to him then her name shouldn't be on the house. She should have no strings to the house.

    legalmommy101

    Answer by legalmommy101 at 7:30 PM on Sep. 17, 2009

  • Her name should have been taken off the house if he was awarded the house. The only thing that her name may still be on is the mortgage. She should have made sure that he refinanced it in his name only so that her name was no longer on it when the divorce decree was made, but that SHOULD be the only thing that her name is on. All he would need to do is refinance in his own name (if you wanted to keep the house), but as far as selling it goes, he can sell it as long as her name isn't on it.
    slw123

    Answer by slw123 at 7:55 PM on Sep. 17, 2009

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