My ex of almost 8 years is saying when I remarried I was supposed to sale the house I reside in which he and I bought and lived in together for 10 years prior to our divorce. I re-read the divorce decree, and it states, 'she is allowed to have possession and reside there'. It further states that 'if' she remarries, and 'if' she (me) decides to sale the net profits would be divided between us. I have not, am not, or will I decide to sale. He is threatening me and my new husband. The decree further states that he is not to make any debts that would cause me to be liable, hurt, harassed, or be indemity to. Well, shortly after our divorce he used this residence as collateral to purchase a $20,000 pontoon. He has found himself in financial trouble, and told me Sat. he refuses to make anymore payments on that loan. About 4 years ago he signed the house over to me so it is now only in my name. Can the loan company hold me responsible if they repossess the pontoon, or will they only repo the boat? I don't think he has a 'leg to stand on', but he is saying we have to give him an answer by the end of Feb. as to what we're going to do. I suppose he means either to start making him payments or sell the residence. I don't see that I'm to do either.

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Originally Posted by angelgran1

My ex of almost 8 years is saying when I remarried I was supposed to sale the house I reside in which he and I bought and lived in together for 10 years prior to our divorce. I re-read the divorce decree, and it states, 'she is allowed to have possession and reside there'. It further states that 'if' she remarries, and 'if' she (me) decides to sale the net profits would be divided between us. I have not, am not, or will I decide to sale. He is threatening me and my new husband. The decree further states that he is not to make any debts that would cause me to be liable, hurt, harassed, or be indemity to. Well, shortly after our divorce he used this residence as collateral to purchase a $20,000 pontoon. He has found himself in financial trouble, and told me Sat. he refuses to make anymore payments on that loan. About 4 years ago he signed the house over to me so it is now only in my name. Can the loan company hold me responsible if they repossess the pontoon, or will they only repo the boat? I don't think he has a 'leg to stand on', but he is saying we have to give him an answer by the end of Feb. as to what we're going to do. I suppose he means either to start making him payments or sell the residence. I don't see that I'm to do either.

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I see all sorts of issues here. First, if the house is collateral for the pontoon boat and the loan has not been paid in full or the collateral discharged, yes, it's a lien on your house. If you didn't sign for the boat you are not responsible for making payments but if you sell you will have to pay off the loan to get the lien released.

When you found that he did this did you go back to Court to hold him contempt of the divorce decree? That, of course, was when you could have gotten justice. Now it's far more complicated.

Did you have an Attorney when he signed the house over to you? An Attorney should have run a title check and advised you of the lien as well as your options.

Your ex is misreading the language of your divorce decree. It states very clearly that IF you remarry and IF you decide to sell. It does NOT say - as you apparently realize - that IF you remarry you have to sell (unless you did not copy the exact language).

So I think you win on the "sale" part and he wins on the "boat" part. I would get an Attorney to straighten out the lien. Was there consideration for him signing over the house to you. What I mean is did you give him a thousand dollars and so he signed title over or did he simply sign?

TY for your response. There are many issues involvd that I did not mention. I did not sign for his loan. I am not going to sell my residence... now or ever... unless something drastically changes. I am a 56 year old woman who draws only a small disability check. No, I did not go back to court. He asked would I 'allow' him to use the house for collateral. I didn't realize it at that time, I trusted him then, that he was not supposed to encumber my property. I agreed, but it was ONLY a verbal 'ok', but stressing all along that he had better NEVER cause me to lose my house. That he knows I cannot afford anywhere else to live and I cannot lose my house. He promised me that he would lose his, the one at that time, before he'd allow me to lose mine. Since that time, he has remarried and has purchased a new home, along with other debts he has encumbered himself with. I did have an attorney draw up a paper to file in the courts. My ex took it and filed it, and it does show on my property tax notice only my name. I did not pay him anything to do that. I was concerned about my husband being left with nowhere to live since the house was only in 'our' name at that time. He says he went 'out of the goodness of his heart' and signed it over into my name alone. It remains only in my name. I know now I should have never trusted him. He has caused me worry and strife more than once over the last year. An energy charge was also placed on my utility bill, and come to find out it was from his former residence. It was over $550 and it took him months and months to pay, with our calling and reminding him, etc. That bill remains in his name even though he told me he would have his name removed. He did finally have mine added to the account. Yes, he is totally misreading the decree. If he sales the boat, and pays the loan off then I'm 'free and clear', right? But, if they foreclose on the boat loan, will that affect my house even though it's only in my name, or will they cancel the debt, and make the lien free and clear??

( quote ) If he sales the boat, and pays the loan off then I'm 'free and clear', right? (end quote)

What do you mean by free and clear ? The way it looks right now your still going to owe for 1/2 the net profit of the home. Should you pass then he would be entitled to it on demand. That could leave your current husband homeless. At today's market rates you might look into getting a home loan and see what you can qualify for while the market is depressed. Then buy him out. Also you would gain the advantage of full equity when prices go back up rather then still oweing 1/2 of the equity to your ex.

You are confused. My house is paid in full. It was paid in full at the time of the divorce, except for about 6 payments. If you read my prior entry I said the decree says I am 'allowed to have possession of the house and reside here.' My only problem is that he used the paid in full house as collateral for a boat 'after' our divorce. If they repossess the boat will that present any legal problems for me as far as the lien on the house?? Or, by repossessing the boat does that clear the lien since the loan company would now have repossession of the boat?

This what I also read you had said about your decree ( quote ) It further states that 'if' she remarries, and 'if' she (me) decides to sale the net profits would be divided between us ( end quote )

That's the part Im talking about. Your house isn't free and clear until he gets his 1/2 of the net profits. That figure is TBD until such time as it is paid in full. So if your house were to go up $200,000 then his share would be $100,000. That's why I had said what I did.

As far as a repo goes it may not satisfy the loan if its sold under less then the ideal situation. If the loan has a balance then they still could apply it to the lien. That is more consumer law that tends to vary from state to state. Your state may be different. Each state has its own way of dealing with creditors.

OK, I get it. I misunderstood you. You're right, whatever the property sales for, If I sold, which I AM NOT, then he would be entitled to half, or whatever he asks for. Sat. he said give him $16,000. See, he's desperate for cash cause he's gotten himself too deep in debt... yet again!! Also, the decree is 'if' I sale... I'm not going to sale, and if I pass away... which I don't plan to for a very long time... lol. by that time my new husband will be joint owner with me. Right now my name is the only name down as the owner. After I passed, my husband and ex would balk it out, right? Lol

So, you're saying the repo of the boat may not satisfy the loan? How would they apply the balance of the loan to a lien?? I have emailed the mortgage company that he has the boat financed with, but I haven't heard back from them as yet. I am in South Carolina.
Thank you for your response.

This is purely and simply a revenge reddie and not even related to this thread. This is something I believe moderators are going to have to take a look at.

You were handed an opportunity to answer OP's question (about how lesbians identify each other or if they have secret signals or something along that line) in an informative and concise manner, dispelling any rumors or myths, expressing your outrage (if you were outraged) or disbelief at the question (if that was case) and chose not to do that. Instead you posted along the lines of ha-ha-ha.

Your answer helped no one understand anything, including the OP who asked a question, not realizing it very well might have been offensive.

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Originally Posted by angelgran1

TY for your response. There are many issues involvd that I did not mention. I did not sign for his loan. I am not going to sell my residence...now or ever....unless something drastically changes. I am a 56 year old woman who draws only a small disability check. No, I did not go back to court. He asked would I 'allow' him to use the house for collateral. I didn't realize it at that time, I trusted him then, that he was not supposed to encumber my property. I agreed, but it was ONLY a verbal 'ok', but stressing all along that he had better NEVER cause me to lose my house. That he knows I cannot afford anywhere else to live and I cannot lose my house. He promised me that he would lose his, the one at that time, before he'd allow me to lose mine. Since that time, he has remarried and has purchased a new home, along with other debts he has encumbered himself with. I did have an attorney draw up a paper to file in the courts. My ex took it and filed it, and it does show on my property tax notice only my name. I did not pay him anything to do that. I was concerned about my husband being left with nowhere to live since the house was only in 'our' name at that time. He says he went 'out of the goodness of his heart' and signed it over into my name alone. It remains only in my name. I know now I should have never trusted him. He has caused me worry and strife more than once over the last year. An energy charge was also placed on my utility bill, and come to find out it was from his former residence. It was over $550 and it took him months and months to pay, with our calling and reminding him, etc. That bill remains in his name even though he told me he would have his name removed. He did finally have mine added to the account. Yes, he is totally misreading the decree. If he sales the boat, and pays the loan off then I'm 'free and clear', right? But, if they foreclose on the boat loan, will that affect my house even though it's only in my name, or will they cancel the debt, and make the lien free and clear???

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Concerning selling the boat - until the entire loan is paid the lien on your house will remain. Now, he could pay it; you could pay it; it could be seized and sold. When there is no money owing on the boat, then the lien on the property will be removed.

Your agreement to allow the property to be used as collateral is binding, verbal or written, because his name was on the property at the time and as far as the bank/mortgage company knew, he was part owner.

As far as his name on your energy bill (if I am reading this correct), YOU should call the utility company and get it put in your name.

This is very convoluted and getting worse - I would suggest that you consult with an Attorney and sever all connections, all common accounts, everything joint with your "ex" before you lose your house. You owe him half of the real estate but if you don't start taking care of business I see problems which can occur, everything from transferring title on a property which has a lien to bills in each other's names.

It's good that you take care of your "ex" in whatever fashion you think is appropriate but I am surprised that your husband puts up with any of this.

I don't agree that a verbal agreement is binding. A judge ALWAYS says you have to have the document to back something up in a court of law. Again, this is the state of South Carolina so I'm not sure about that, but I have always heard judges say you have to have facts/documents to back up something.

As far as the name on my energy bill... I have tried, but they say HE has to do it... not me. At that time, though, I was not on the account at all, so maybe that's changed since he added me to the account last year.

Everything has been severed with my ex. We've been divorced 8 years, and he's remarried for 6. I remarried 3 months ago, so my husband hasn't had to put up with anything until 2 days ago. I have also had to 'put up with', as you put it, things from his past as well with him having 4 children he pays $800 child support on, and an ex that's totally unable to deal with, along with her husband of 2 years.

There is NO way I can lose my house. As I said, it's in my name... not his. And, the lien against the house will not cause me to 'lose the house', will it? You said it would only be attached to the house until the outstanding loan is paid on the boat.

As far as transferring property on a house that has a lien... my ex did that... he should've researched his options before doing that. I had no idea, had nothing to do with it, and my name is on nothing in regards to that loan. Again, we don't have bills in each other's names... lol. He has a boat in his name with the lien on my house, and the Duke Energy bill still has his name on the account along with mine.

Sincerely,
angelgran1

Judy, are you also saying, and I quote, "At the time your house is sold - today, tomorrow, 100 years in the future - your "ex" is entitled to one half no matter how many other names you add to the title." that the house still will not HAVE to be sold until when and if my husband chooses to sale, if ever, even though I will be passed on??

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Originally Posted by angelgran1

Judy, are you also saying, and I quote, "At the time your house is sold - today, tomorrow, 100 years in the future - your "ex" is entitled to one half no matter how many other names you add to the title." that the house still will not HAVE to be sold until when and if my husband chooses to sale, if ever, eventhough I will be passed on???

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I am saying when your house is sold your "ex" is entitled to half as called for in the decree of divorce. The sale of the house COULD have been forced when you divorced but was postponed. No, the "deal" dies with you and at that time your husband can either buy out your "ex" for half or it would be sold and each of them (if that is your wish or according to Deed) would receive half.

Your "ex" is entitled to half of your house and you cannot take that away from him through deeds, Wills or anything else.

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Originally Posted by angelgran1

I don't agree that a verbal agreement is binding. A judge ALWAYS says you have to have the document to back something up in a court of law. Again, this is the state of South Carolina so I'm not sure about that, but I have always heard judges say you have to have facts/documents to back up something.

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I don't know what Judges you've heard say that a verbal agreement is not binding. Hopefully not some Judge on TV.

Anyway, verbal agreements are binding.

I actually work in the legal system and see them argued in Court all the time.

Not only on TV... my husband goes to court pretty regularly concerning child support issues, having children removed, etc. and the judge always asks him what document does he have to back up what he's saying, or what his ex has said, etc.

Also, he studied law to be a paralegal years ago. But, that's neither here nor there.

I understand what you're saying, and want to thank you for all your input.

Blessings

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Originally Posted by angelgran1

Not only on TV....my husband goes to court pretty regularly concerning child support issues, having children removed, etc., and the judge always asks him what document does he have to back up what he's saying, or what his ex has said, etc.

Also, he studied law to be a paralegal years ago. But, that's neither here nor there.

I understand what you're saying, and want to thank you for all your input.

blessings

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That's a whole lot different from whether he had permission to use a property owned jointly with an ex-wife for collateral.

Let us know how this works out for you.

I'd just like to answer on the loan for the boat. I work in mortgage and get questions like this a lot.

If the loan for the boat was taken as a mortgage or a refinance from the equity of your house they can take your house. It does not matter who's name is on the loan and who's name is on the house. The house was used as equity to get the boat. If they are unable to locate the boat or unable to fulfill the full amount of the loan from selling the boat the house would then be there next option. As far as the bank is concerned his name had to have been on the house at the time of the loan in order for him to get it. They could do many things to get their money one being take the house another would be to place a lien on the home which would not allow you to sell or refinance until it has been paid. If you pass away and the lien has not been paid it then becomes the responsibility of your heir.

Now you may be able to take your ex-husband to court because he did not follow the divorce decree but I do agree with the original statement that verbal agreements are still binding. Because you agreed to let him acquire a loan on property that he technically did not have rights to there may be nothing you can do.