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snezanadaniela · Nov 14, 2011, 11:46 PM

Hi. In 2006, happily married, my husband and I purchased a home in Hawaii. 2008, we stopped making payments and the home went into the foreclosure process in April 2011. Sept 2011, my happy marriage came to an end and we got our divorce. Oct 27, 2011 my ex husband gave me a 45 days to vacate letter - sent to my email address. Does he have the right to evict me? The house is in the foreclosure process and he hasn't made a payment in 3 years. Any help would be appreciated. Thank you in advance.

ScottGem · Nov 15, 2011, 04:31 AM

This is the same house that is in foreclosure? If the divorce settlement specified that he gets the house, then yes, he probably can evict you since you relinquished ownership. If the house was not given to one or the other as part of the divorce, then you are both still owners and he can't evict.

In either case, it is questionable whether an e-mail constitutes proper service of a vacate letter.

ballengerb1 · Nov 15, 2011, 08:12 AM

I agree with Scott on all points, just camn't give him a great rating just yet. Tell us please, who got the house in the divorce?

snezanadaniela · Nov 15, 2011, 08:30 PM

Aloha and Thanks for your response ballenger1 and scottgem: as I am checking my divorce decree... it states quote, unquote

Real Property:
The real property at said property, is in foreclosure and it is the intent of the parties to surrender this property. The Defendang is not an obligor on the mortgage, nor any other debts, and Plaintiff is planning to file proceedings under Chapter 7 of the United States Bankruptcy Code.

Defendant is myself and Plaintiff is my ex husband. And yes, this is the same house that is in foreclosure.
Best regards, Snezana

ScottGem · Nov 15, 2011, 08:32 PM

I suggest you consult the attorney who handled the divorce. To me it looks like you have no interest in the property and can be evicted.

AK lawyer · Nov 15, 2011, 08:39 PM

In other words, it was his and (apparently) remains his after the divorce (subject to possible surrender of the house to the mortgagee).

But the wording from the divorce decree doesn't answer the question: who owned the house? It suggests that it was in husband's name only, but doesn't quite say that.

Has he filed for protection under Chapter 7 as planned? If so, check the bankruptcy file to make sure he has indicated his intent to surrender it. If he has surrendered it (or the foreclosure has been finished), he no longer owns it and therefore can no longer evict OP.

snezanadaniela · Nov 15, 2011, 08:42 PM

Oops... I meant defendant... not defendang..

Fr_Chuck · Nov 15, 2011, 09:32 PM

It appears the divorce decree is not clear , since of course they assumed the house was to be foreclosed and no other action was needed. If your name is still on the deed, and you did not sign over any quit claim deed to him, I doubt he could evict. He can file, but at the hearing, you merely prove you are still owner.

The issue of being in foreclosure does not make any difference, an owner of a property can collect rents and evict people till the day the foreclosure happens.

snezanadaniela · Nov 17, 2011, 11:00 PM

Thank you "reputation." My ex husband and one other person who is now deceased is on the title. I was listed as "wife of." As for the divorce attorney, he has been hired again by my ex to do his bankruptcy paperwork - chapter 7.

snezanadaniela · Nov 17, 2011, 11:03 PM

I meant FR_Chuck. I am new to this. Thank you again so much.