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View Full Version : Got house in divorce Ex giving me hard time


mraquino21
Jan 10, 2008, 01:07 PM
I was married for nearly 7 years. My husband was and still is active duty Army. We were stationed in Germany having lots of marrital problems. He used the excuse that he was getting deployed to send me and our daughter back to AL to live with my parents. He told me to go to school full time he'd send money and to buy us a home for me and my daughter to move into. I finally bought a house. The day after I closed on the house he told me he wanted a divorce he had replaced me. I had used my savings to pay for the closeing costs on the house, blinds refrigerator and other things the house needed just to move in with my money. He had DFAS set up BAH to pay the mortgage for a few months until we got divorced in May 2007. In the devorce he gave me the house which is in both of our names. My credit is not the best right now and I don't have any money for closing costs to refinance plus I have only been at my job for 4 months. He is being mean and threatening me with all kinds of stuff if I don't hurry and get the house out of his name. Oh by the way he was remarried 1 week after our divorce was final. Anyway, I can't get the house out of his name is there anything legally he can do to me or the house? And is there anything I can do to fix this. He has not put any of his money into the house.

George_1950
Jan 10, 2008, 01:51 PM
I hope you are getting alimony and child support, as well as a fair property settlement. He says he wants the house 'out of his name'. He can transfer his interest in the property to you anytime he wants to, but what he wants is his name off the mortgage. That is a horse of a different color. If you don't have your own lawyer, now is the time to get one so that you can get this completed in a manner satisfactorily to you.

mraquino21
Jan 10, 2008, 01:54 PM
No he is trying to screw me seven ways from Sunday. I get $300 worth of child support a month and that's it. See he forged my signature on our divorce and just one day emailed me and said it was final on may 8th 2007. I have asked him to even just give me money to pay for the refinance but he won't. I don't know what to do cause there is some many different things wrong with the divorce.

George_1950
Jan 10, 2008, 01:57 PM
What county and state do you live in? What county and state is your divorce in?

mraquino21
Jan 10, 2008, 01:58 PM
I live in Pell city Alabama which is Saint Clair county. My divorce was in Washington State Pierce county in Tacoma

Fr_Chuck
Jan 10, 2008, 02:12 PM
Yes, at divorce he wants his name off the mortgage. Because if you were late on a payment as long as his name is on the mortgage, it will count against him, and if you would default, they can still come after him for payment, even though the divorce court has awarded it to you.

He can take you back to court to get the court to re-order you to do this. And it could be possible he can try to do a contempt of court if you don't do it.

mraquino21
Jan 10, 2008, 02:15 PM
Well then I guess he'll have to actually take me to court but I have a good mind to sew him on everything. He hasn't paid for anything with the house. I wouldn't have even bought it but I let him talk me into doing it for our family. I guess he could always just forgue my signature again like he did on the divorce.

George_1950
Jan 10, 2008, 02:15 PM
Who is the plaintiff?

mraquino21
Jan 10, 2008, 02:18 PM
He filed for divorce against me so he could marry his girlfriend. But he did it online through washinton state and forged my signature on the divorce decree which I have proof of. He never served me with divorce paperwork just drew it up and told me it was fine and he didn't need my signature then when I requested all of the divorce paperwork from Washington they sent me a page with my sig on it and I never signed anything.

George_1950
Jan 10, 2008, 02:22 PM
You need to contact a lawyer where you are living now.

George_1950
Jan 10, 2008, 02:23 PM
Just curious: where were you living when the online divorce was filed?

mraquino21
Jan 10, 2008, 02:24 PM
About the house or the divorce? Because all of the divorce lawyers in Alabama say I have to use a lawyer in Washington state but I haven't checked into a lawyer about the house yet.

mraquino21
Jan 10, 2008, 02:25 PM
I was living in Alabama he was stationed in Germany and he filed online in Washington state where we got married

George_1950
Jan 10, 2008, 02:27 PM
Where is his "home of record"?

mraquino21
Jan 10, 2008, 02:28 PM
Florida

George_1950
Jan 10, 2008, 02:30 PM
Did you file a joint federal tax return in 2006? Did you file a joint state return in 2006? What state or states?

mraquino21
Jan 10, 2008, 02:32 PM
He did the taxes in 2006 and he won't send me copies of the return but he filed joint and married on everything. I don't know how to acess copies of my 2006 tax return we always used h&r block before so I would assume he did it that way in Germany but I don't know.

George_1950
Jan 10, 2008, 02:39 PM
Write two letters: H & R Block, for a copy of your federal and state returns for 2006. And to the clerk of the court where your divorce was filed, and ask for a copy of everything and have the clerk certify the file, showing that it is a copy of the complete divorce file. And keep copies of your letters.

mraquino21
Jan 10, 2008, 02:42 PM
I have already contacted the clerk and got certified copies of everything including the extra page that waived my rights to the divorce I had to pay over $100 to get it all but I have everything. I will do the letter to H&R Block can I do it here stateside or find their corporate location?

JudyKayTee
Jan 10, 2008, 02:55 PM
I have already contacted the clerk and got certified copies of everything including the extra page that waived my rights to the divorce I had to pay over $100 to get it all but I have everything. I will do the letter to H&R Block can I do it here stateside or find their corporate location?


You have posted this same scenario on two different legal sites - this should be consolidated.

oneguyinohio
Jan 10, 2008, 03:00 PM
Contact that lawyer and get this guy into trouble for forging your signature! He could find himself in some real hot water over this issue. I don't think the army takes kindly to forgeries... also, if you show you were not "legally" divorced, he would seem to be guilty of polygamy??

Also, it seems like there should be a much larger amount of child support coming directly from the government out of his pay...

Go after him for a lot more! If he doesn't pay up to have your refinance done, and other things on your terms, let him suffer the consequences. He made a big mistake by forging that document.

If you let him get away with it, then maybe he was right in thinking you a fool?? Of course maybe a little tact needs to be used by telling him if he doesn't fork over the dough, then you'll pursue criminal charges based on his illegal activities? A lawyer would love this, and wouldn't it be nice to force him to pay for your lawyer too!!

mraquino21
Jan 10, 2008, 03:07 PM
I agree with you but I was trying to be a bigger person and just let everything be. I remarried also but explained to my husband that if I pursue all of this it would probably make our marriage null and void I just don't want to get in trouble about that I was really just trying to move on with my life but my Ex won't let me. I'd love to nail him to the wall take away his career and get him on the forgery plus take all of his parental rights away or get back child support but I don't have any money unless I could get one that gets paid after settlement. And see it gets more in depth. Cause when I was in Germany he slit my throat I lied and said I did it cause I was afraid he'd finish me off plus my daughter was there I didn't know what would happen to her and we were in Germany with no friends or family he made sure of that. He says when he comes back to the states he's going to sue me for full custody and use my medical records but he can't legally obtain them without my permission plus if he does get them in court I can have them thrown out and also sue him and the hospital... Right?? This is such a mess!!

Fr_Chuck
Jan 10, 2008, 05:49 PM
Yes, youi need an attorney, since if he forged the document, you are really not legally divorced ( if you protest it) which also means he is not legally married,

Thus he has committed fraud, and against the military also when he claimed a new wife as a dependent.

oneguyinohio
Jan 10, 2008, 07:02 PM
What a tangled web he weaved... The guy needs help, sounds rather "psychotic" and as an abused "exwife" I do not think you would get into trouble if you came clean on the prior issues... but I am no lawyer, and I don't know what the guy might do in retalliation, sounds very dangerous. This is one of those situations when carma is something worth hoping for.

mraquino21
Jan 11, 2008, 07:33 AM
I know and that is why I was hopeing in doing nothing and not persueing anything he would just eventually leave us alone. See he had an ex wife and 2 children from his first marriage and he never has anything to do with them other than child support and she garnished his wages to make sure to get that. I figured he'd just forget about us when he married this time like he did when he married me. He has a pattern to everything he does.