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Message
Can I sue my ex wife for half of mortgage payments made?
Posted on 5/29/18 at 6:30 pm
Posted on 5/29/18 at 6:30 pm
I’m talking to an attorney in the morning but I wanted to see if I could get an answer today.
Here is the backstory. My ex wife and I had a home where the mortgage was in my name but we were both on the title. I made every single payment by myself. We got a divorce due to her infidelity. I couldn’t file an adultery divorce because I didn’t have two independent witnesses but she admitted it to me. My divorce lawyer told me that he could get her to pay for half of the mortgage payments that I already paid. I’m thinking she would do the right thing and just walk away but she has contested everything. I sold the house and didn’t give her half of the equity and the judge found me in contempt of court. I have 90 days to give her $15k. Can I sue for this or better yet, what are my options. Do I have any?
Here is the backstory. My ex wife and I had a home where the mortgage was in my name but we were both on the title. I made every single payment by myself. We got a divorce due to her infidelity. I couldn’t file an adultery divorce because I didn’t have two independent witnesses but she admitted it to me. My divorce lawyer told me that he could get her to pay for half of the mortgage payments that I already paid. I’m thinking she would do the right thing and just walk away but she has contested everything. I sold the house and didn’t give her half of the equity and the judge found me in contempt of court. I have 90 days to give her $15k. Can I sue for this or better yet, what are my options. Do I have any?
16
Posted on 5/29/18 at 7:01 pm to Commandeaux
I’m no attorney, but it sounds like you’re about to learn the meaning of “it’s cheaper to keep her”.
Posted on 5/29/18 at 7:07 pm to Commandeaux
You’re single now. Go plow some strange.
Posted on 5/29/18 at 7:31 pm to white perch
Assets gained within the period of time the matrimonial regime was in place here in Louisiana is gonna be split evenly unless you all specifically agreed otherwise. If y’all were married, you owe her half.
You don’t like it, donate to a state legislator or candidate who will change the law. But this go around you’re screwed.
You don’t like it, donate to a state legislator or candidate who will change the law. But this go around you’re screwed.
This post was edited on 5/29/18 at 7:32 pm
Posted on 5/29/18 at 7:34 pm to Commandeaux
Pay the 15k and move on. It is not worth it.
Posted on 5/29/18 at 7:49 pm to Commandeaux
quote:
We got a divorce due to her infidelity. I couldn’t file an adultery divorce because I didn’t have two independent witnesses but she admitted it to me.
You fricked up.
Posted on 5/29/18 at 8:02 pm to Commandeaux
quote:
I sold the house and didn’t give her half of the equity and the judge found me in contempt of court. I have 90 days to give her $15k. Can I sue for this or better yet, what are my options. Do I have any?
Your options are to pay her the $15k because it sounds like the judge already ruled on what each party was supposed to get and you just violated that order
Posted on 5/29/18 at 8:40 pm to GFunk
quote:
But this go around you’re screwed.
yup
OP FAAAAAAAAAAAAAAAAAAAACKED
ex-wife STAAAAAAAAAAAAAAAAACKED
Posted on 5/29/18 at 9:01 pm to Fat Bastard
Pics?
Posted on 5/29/18 at 9:24 pm to Commandeaux
quote:Are you saying that you were the contributer to the finances and your wife didn’t have an income any contribution whatsoever? Or are you saying because it was in your name, you just made the payments?
I made every single payment by myself.
Posted on 5/29/18 at 10:41 pm to Commandeaux
How could you sell the house if her name was on the title? Community property issues are separate and distinct from adultery issues. You said you made all the payments. Are you talking about before or after the community terminated? It makes a difference.
Posted on 5/29/18 at 10:53 pm to geauxpurple
I was able to sell the house because we had an agreement that if she participated in the sale of the house that I would drop my contempt of court charge against her.
I made every single payment up until I sold the home. My former lawyer told me once that he could tie her up in court by seeking half the mortgage payments that she didn’t contribute to if she was seeking half of the equity.
I made every single payment up until I sold the home. My former lawyer told me once that he could tie her up in court by seeking half the mortgage payments that she didn’t contribute to if she was seeking half of the equity.
Posted on 5/29/18 at 11:03 pm to Commandeaux
You should be entitled to reimbursement for half of the payments made after the community terminated unless there was some type of deal or order to the contrary. If she signed the sale she should have demanded her equity at that time but that is her problem now. She probably signed a HUD-1 statement at the sale agreeing to the disbursement of the proceeds. If she did not like the way the funds were being disbursed she should not have signed it.
Posted on 5/30/18 at 4:31 am to Commandeaux
quote:
My former lawyer told me once that he could tie her up in court by seeking half the mortgage payments that she didn’t contribute to if she was seeking half of the equity.
He gave you some very poor legal advice if he was referring to payments made during the marriage. Payments made after the marriage is over is another story.
This post was edited on 5/30/18 at 4:33 am
Posted on 5/30/18 at 5:50 am to Commandeaux
Why don't you ask your divorce lawyer these questions?
Posted on 5/30/18 at 5:58 am to Commandeaux
I've never been married or divorced but good God man you seem like you're living in fantasy land
Posted on 5/30/18 at 8:07 am to Commandeaux
Pics of ex-wife?
Posted on 5/30/18 at 9:59 am to lsufan1971
quote:
He gave you some very poor legal advice if he was referring to payments made during the marriage. Payments made after the marriage is over is another story.
This. You should definitely be able to recoup half of the payments made between the divorce and the sale.
As to payments during marriage, as previously mentioned, anything purchased from income earned while married is 50/50.
Did your wife work, and if so what did she do with her income? The only thing that I can think of that would make what your attorney said even close to correct is if her income went to something treated as "hers" in the divorce; any income she had during marriage, or anything she bought with that income, is half yours, regardless of whose name is used. Maybe she has some community asset that is being treated as solely hers to offset the house or something?
Posted on 5/30/18 at 10:13 am to Commandeaux
Did your attorney have the repayment stipulated in the court proceedings / divorce decree?
It sounds like your attorney either screwed something up, or gave you bad advice.
I don't see how you can be entitled to any reimbursement for the time you were married. Community property is community property. Again, if you wanted to keep all the proceeds from the house, why was this not negotiated and put in the legal proceedings.
A good friend of mine is getting everything finalized on his divorce this month. He is walking away from the house and his equity/payments in it, in exchange for other assets. There are some other joint debts that he is being relieved on, as they have been, or will be before the divorce is finalized, being refinanced so they are only in his soon to be ex's name.
It sounds like your attorney either screwed something up, or gave you bad advice.
I don't see how you can be entitled to any reimbursement for the time you were married. Community property is community property. Again, if you wanted to keep all the proceeds from the house, why was this not negotiated and put in the legal proceedings.
A good friend of mine is getting everything finalized on his divorce this month. He is walking away from the house and his equity/payments in it, in exchange for other assets. There are some other joint debts that he is being relieved on, as they have been, or will be before the divorce is finalized, being refinanced so they are only in his soon to be ex's name.
Posted on 5/30/18 at 4:54 pm to LSUFanHouston
I t think he is entitled to half the equity that was gained from marriage date til seperation.
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