My divorce was final in June of 2009 and the home we owned together was never mentioned in the divorce. My name is still on the loan but my ex- husband lives in the home. I was forced to leave due to physical abuse and never have gone back. How much right do I have to the house?

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Originally Posted by designangel

My divorce was final in June of 2009 and the home we owned together was never mentioned in the divorce. My name is still on the loan but my ex- husband lives in the home. I was forced to leave due to physical abuse and never have gone back. How much right do I have to the house?

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I'm confused - what did the division of property portion of your divorce address? If it wasn't addressed then you have to go back to Court and get a property settlement agreement.

You may or may not have waived your rights to the house when you left and then divorced without addressing this property.

Your Attorney would know how to proceed.

You've definitely got to see your attorney. You need to address this issue ASAP.

You need to go back to court to divide the asset. The home will either need to be sold, OR he will need to buy out your half and get a loan in his name alone.

I don't know what your situation is, but if he's late on payments or doesn't pay the taxes it could harm your credit. If he'd let the insurance lapse, you could get into an even worse ordeal.

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Originally Posted by Devorameira

You've definitely got to see your attorney. You need to address this issue ASAP.

You need to go back to court to divide the asset. The home will either need to be sold, OR he will need to buy out your half and get a loan in his name alone.

I don't know what your situation is, but if he's late on payments or doesn't pay the taxes it could harm your credit. If he'd let the insurance lapse, you could get into an even worse ordeal.

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There are actually three possibilities: she gets the house and he buys her out; he gets the house and she buys him out; the house is sold and the Court determines how to divide the equity.