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Doormob · May 1, 2008, 03:54 PM

I agreeded for my wife to keep my home(in my name only)in our divorce. She was ordered to pay the payment monthly with out being 30days late and she has 18 months to refinance, if she fails to do either one or both the house goes back to me. She has not made the mortgage payment in 3 months I received a foreclosure letter from my mortgage company. I now have to either let it be forclosed on or catch up and move back in. Because this was all in our divorce papers and signed by the Judge. (and she is giving me a hard time about moving out) Can I evict her, or do I have to get a lawyer to take her back to court. Time is not on my side in this case and I need help. Short on money having to catch up the mortgage :mad:

progunr · May 1, 2008, 03:58 PM

I think you will have to revisit the divorce decree.

Going straight to eviction may be in violation of the decree, granted, she already is in violation, but I would not want to see your problem grow based on the wrong actions.

I would talk to the divorce attorney and see what they suggest, hopefully, you have a good one who knows what they are doing.

Good Luck.

Doormob · May 1, 2008, 04:04 PM

Originally Posted by progunr

I think you will have to revisit the divorce decree.

Going straight to eviction may be in violation of the decree, granted, she already is in violation, but I would not want to see your problem grow based on the wrong actions.

I would talk to the divorce attorney and see what they suggest, hopefully, you have a good one who knows what they are doing.

Good Luck.

Thank you for your advise. I have read the divorce decree over and over. She is to turn the house back over to me. I just can't understand the law if I have to go and pay another $1,500. To a lawyer to get her out.:mad:

twinkiedooter · May 1, 2008, 04:39 PM

Sometimes you have to do what you have to do. The quicker you pay the mortgage and get it out of the brink of foreclosure the better for starters. Then get your attorney to get a hearing with the judge as soon as possible so that you can move back into the house. If you want to keep the house and get her out this is what you have to do. Unfortunately to do it right you can't do this yourself. Call the attorney now so you can save your home.

Fr_Chuck · May 1, 2008, 05:46 PM

I would say this
1. house is still in your name, ( deed)
2. only the divorce order gave her the home and only if she followed the proper methods

So I believe you should be able to evict ** remember you can start and be doing it, and also filing in family court at the same time, since you have to give them notice to move and assume they will refuse and you have to go to housing court. So the worst thing in housing court the judge refused to rule on it.

But I would let your attorney handle it.
Also remember these late payments is ruining your credit and it is you they are foreclosing against, not her.

Doormob · May 1, 2008, 06:38 PM

Originally Posted by Fr_Chuck

I would say this
1. house is still in your name, ( deed)
2. only the divorce order gave her the home and only if she followed the proper methods

So I beleive you should be able to evict ** remember you can start and be doing it, and also filing in family court at the same time, since you have to give them notice to move and assume they will refuse and you have to go to housing court. So the worst thing in housing court the judge refused to rule on it.

But I would let your attorney handle it.
Also remember these late payments is ruining your credit and it is you they are foreclosing against, not her.

I can go to court house and start eviction on her. Can I also file for contempt of court also?
By the way I live in Atlanta suburbs

ScottGem · May 1, 2008, 06:42 PM

Take the divorce decree to court and file for eviction on the grounds that she didn't up hold her end of the agreement so that, according to the agreement, the house reverts back to you and you want to take possession.

Doormob · May 1, 2008, 06:43 PM

Originally Posted by Doormob

I can go to court house and start eviction on her. Can I also file for contempt of court also?
By the way I live in Atlanta suburbs

Just for my peace... she is not an upstanding citizen. I pay $300.00 a week for 2 children she is perfectly able to work but chooses to work our system and draw food stamps and money for the children from children and family citizens. She has an inside friend that works for defax and her friend helps lie for her.:mad:

Doormob · May 1, 2008, 06:45 PM

Originally Posted by ScottGem

Take the divorce decree to court and file for eviction on the grounds that she didn't up hold her end of the agreement so that, according to the agreement, the house reverts back to you and you want to take possession.

NOW This is a good idea... can't hurt anything to try. Thanks:)

Fr_Chuck · May 1, 2008, 07:09 PM

Yes, filing for eviction is cheap, and the worst thing is the judge will refuse.

Now remember my wavior, I am not a attorney and merely give my opinoin of what I would do if this was me.

Doormob · May 1, 2008, 09:41 PM

Originally Posted by Fr_Chuck

yes, filing for eviction is cheap, and the worst thing is the judge will refuse.

Now remember my wavior, I am not a attorney and merley give my opinoin of what I would do if this was me.

Thank You Chuck... At this time things are not good for me BUT YOUR support means a lot to me.

JudyKayTee · May 3, 2008, 07:51 AM

Originally Posted by Doormob

I can go to court house and start eviction on her. Can I also file for contempt of court also?
By the way I live in Atlanta suburbs

If you do decide to evict her, that is one action in one Court. If you decide to go back into Matrimonial Court for contempt, that is another Court -

But the Court system may not allow 2 cases on basically the same grounds at the same time.