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    lovelacec's Avatar
    lovelacec Posts: 1, Reputation: 1
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    #1

    Aug 7, 2007, 11:14 AM
    How to get him out after the divorce?
    My daughter got a divorce 6 months ago after living on her own for a year. In the divorce, her husband was given the house if he could get a mortgage on it in 3 months. He has not worked in 4 years and did not get a mortgage. The house reverted to my daughter to sell after the 90 days. He refuses to move, refuses to pay and refuses to let a realitor show the house. She owes about 98,000 on the house and is two payments & taxes behind. What can she do? Allow foreclosure? Do bankruptsey?
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #2

    Aug 7, 2007, 11:18 AM
    It seems as if he's not squatting. She needs to serve him an eviction notice and tell him to vacate in 30 days. And start showing the house. It is HER house not his.

    I would not allow foreclosure or bankruptcy those are hard hurdles to get over.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 7, 2007, 11:33 AM
    Does your daughter live in the house? Is her name on the mortgage? S his name also on the deed?

    You need to go back to the divorce court and ask them to enforce the dovorce decree.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #4

    Aug 7, 2007, 11:38 AM
    Where I live, TX, if you have a divorce decree the police will actually come escort the spouse who has to vacate out of the property. They will set up a time for the person to come back and remove their belongings (supervised.)

    If her credit isn't bad to this point I wouldn't completely ruin it by allowing the house to be foreclosed on or declaring bankruptcy. Can she sell the house for what she owes or more? If so get caught up/make arrangements with the mortgage company to stop foreclosure, and get her ducks in a row to get him out.

    Did she use a divorce lawyer? That person should be able to tell her how to get him removed.

    Karla
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