Ask Experts Questions for FREE Help !
Ask

real estate question

Asked Nov 14, 2011, 10:46 PM — 9 Answers
Hi. In 2006, happily married, my husband and I purchased a home in Hawaii. 2008, we stopped making payments and the home went into the foreclosure process in april 2011. Sept 2011, my happy marriage came to an end and we got our divorce. Oct 27, 2011 my ex husband gave me a 45 days to vacate letter - sent to my email address. Does he have the right to evict me? The house is in the foreclosure process and he hasn't made a payment in 3 years. Any help would be appreciated. thank you in advance.

Search this Thread
Share |
9 Answers
ScottGem's Avatar
ScottGem Posts: 58,093, Reputation: 28135
Computer Expert and Renaissance Man
  
#2

Nov 15, 2011, 03:31 AM


This is the same house that is in foreclosure? If the divorce settlement specified that he gets the house, then yes, he probably can evict you since you relinquished ownership. If the house was not given to one or the other as part of the divorce, then you are both still owners and he can't evict.

In either case, it is questionable whether an e-mail constitutes proper service of a vacate letter.
Helpful
ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
Home Repair & Remodeling Expert
  
#3

Nov 15, 2011, 07:12 AM
I agree with Scott on all points, just camn't give him a great rating just yet. Tell us please, who got the house in the divorce?
Helpful
snezanadaniela's Avatar
snezanadaniela Posts: 5, Reputation: 10
Junior Member
  
#4

Nov 15, 2011, 07:30 PM
Aloha and Thanks for your response ballenger1 and scottgem: as I am checking my divorce decree...it states quote, unquote

Real Property:
The real property at said property, is in foreclosure and it is the intent of the parties to surrender this property. The Defendang is not an obligor on the mortgage, nor any other debts, and Plaintiff is planning to file proceedings under Chapter 7 of the United States Bankruptcy Code.

Defendant is myself and Plaintiff is my ex husband. And yes, this is the same house that is in foreclosure.
Best regards, Snezana
Helpful
ScottGem's Avatar
ScottGem Posts: 58,093, Reputation: 28135
Computer Expert and Renaissance Man
  
#5

Nov 15, 2011, 07:32 PM


I suggest you consult the attorney who handled the divorce. To me it looks like you have no interest in the property and can be evicted.
Helpful
AK lawyer's Avatar
AK lawyer Posts: 9,927, Reputation: 4212
Expert
  
#6

Nov 15, 2011, 07:39 PM
In other words, it was his and (apparently) remains his after the divorce (subject to possible surrender of the house to the mortgagee).

But the wording from the divorce decree doesn't answer the question: who owned the house? It suggests that it was in husband's name only, but doesn't quite say that.

Has he filed for protection under Chapter 7 as planned? If so, check the bankruptcy file to make sure he has indicated his intent to surrender it. If he has surrendered it (or the foreclosure has been finished), he no longer owns it and therefore can no longer evict OP.
Helpful
snezanadaniela's Avatar
snezanadaniela Posts: 5, Reputation: 10
Junior Member
  
#7

Nov 15, 2011, 07:42 PM
oops...I meant defendant...not defendang..
Helpful
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,601, Reputation: 37026
Expert
  
#8

Nov 15, 2011, 08:32 PM


It appears the divorce decree is not clear , since of course they assumed the house was to be foreclosed and no other action was needed. If your name is still on the deed, and you did not sign over any quit claim deed to him, I doubt he could evict. he can file, but at the hearing, you merely prove you are still owner.

The issue of being in foreclosure does not make any difference, an owner of a property can collect rents and evict people till the day the foreclosure happens.
Helpful  (1)
snezanadaniela's Avatar
snezanadaniela Posts: 5, Reputation: 10
Junior Member
  
#9

Nov 17, 2011, 10:00 PM
Thank you "reputation." My ex husband and one other person who is now deceased is on the title. I was listed as "wife of." As for the divorce attorney, he has been hired again by my ex to do his bankruptcy paperwork - chapter 7.
Helpful
snezanadaniela's Avatar
snezanadaniela Posts: 5, Reputation: 10
Junior Member
  
#10

Nov 17, 2011, 10:03 PM
I meant FR_Chuck. I am new to this. Thank you again so much.
Helpful
Not your question? Ask your question View similar questions
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting
 

Undo
Redo
  
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Commercial Real Estate Question [ 3 Answers ]

My daughter deposits her check in the local office mail slot of her landlord. The checks are dated and delivered the first of each month, however, the landlords' agent does not either pick them up or deposit them immediately. Now my daughter is being assessed late fees for rental checks delivered...

Georgia real estate law question? [ 4 Answers ]

Our family owns 2 parcels of real estate with another family member that lives out of state. Our family has always paid the property taxes with no help from the out of state relative. However, the relative has always received any monies made from timber sales. The have reaped the benefits but...

The question is about city group/commercial real estate and gm [ 1 Answers ]

I have some shares in citi group or city group. They have filed for bankruptcy, they are coming back to market again for $ 30.00 /share. Do the old shares worth anything? I also have some GM shares should I sell or keep it. Would they honor the old shares when they come back in Nov.?

What is the fee involved for suing for breach of real estate of real estate contract [ 1 Answers ]

What is the approximate fee involved for suing the buyer for breach of contract for a real estate deal?

Lease to buy real estate question [ 2 Answers ]

I'm having a tough time selling my house in southern california and really need to get it off my hands due to a job transfer out of state. I've been contacted by a company that wants to do lease it out and pay my monthly mortgage payments for 3 or 4 years and then buy it at the time. The buy...

View more Real Estate Law questions Search