Divorce Issues/house

Advertisement


Question
I got a divorce 17 years ago in san Antonio texas. My ex-husband knew he was going to file and I didn't. He withdrew all money from our account. hired himself a lawyer. I went to court without a lawyer he was granted with everything. and I walked away with nothing one of the house has remain in both of our names. can I take him back to court after 17 years

Answer
Hi Annette.

Thank you for your question. You can take someone to court anytime you'd like. But, before you do, you may want to just ask your ex if he would be willing to sign a 'quit claim deed'. One just never knows...And, asking costs you nothing. The form is available, and can be notarized, at his local escrow/title company. If the house is paid for there shouldn't be any other further paperwork. The service company will just need to verify how you'd like to have the new title read.

If you home is not paid for, and the mortgage is in both of your names, you may want to refinance your home into your name only. as a bonus to him. This would relieve this debt off of his credit, increase his credit score, and lessen his debt to income ratios. The latter of which will make it easier for him to obtain other loans.

Previous action taken / not taken in your divorce will most likely not have any baring on the outcome of any legal action you take now - should that be the option you choose to make. The one possible exception would be is that judge may see your ex's actions as the assumption that the house was to remain yours, if there isn't something in writing reading one way or another.

PLEASE keep in mind, I am a Realtor, NOT an attorney. The above is not intended to replace legal advice -- which is strongly suggested. You may want to ask your question at Legal.com and/or Avvo.com, or at similar no cost sites.

Best wishes!
Kathryn  

Divorce Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Kathryn Hisert; Realtor

Expertise

As a Realtor specializing in assisting divorcing homeowners, I am able to provide "What to do about the house?" options. There are trade-offs to every transaction in life. How to equitably divide property at a time when emotions are running high can keep people from making the right long term decisions, and/or even considering how many there are. There are advantages and risks (emotional and financial) to each decision that needs to be uncovered. I can assist in this process. Please note: I am a Realtor and am only professionally qualified to answer questions directly related to the decision making process of what to do with your primary, investment and vacation property. My website provides details.

Experience

Certified Real Estate Divorce Specialist (1 of less than 10 in California) Certified Distress Property Expert

Organizations
N. San Diego County Association of Realtors California Association of Realtors National Association of Realtors

Publications
www.HouseInDivorce.com

Education/Credentials
CREDS (Certified Real Estate Divorce Specialist) CDPE (Certified Distress Property Expert)

Past/Present Clients
Confidential

©2016 About.com. All rights reserved.