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Updated over 1 year ago on . Most recent reply

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Leslie Johnston
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Divorce settlement 10 years ago unclear about ownership of house

Leslie Johnston
Posted

My husband and I were divorced in 2012. We filed the paperwork ourselves without an attorney. On the property / assets / debts portion it states under his name "debts" (mostly credit card debt) and "asset: House Property / Mortgage - Home on (address) now belongs to HIM. House value: $110k, current mortgage $106,500 Asset of $3500."

When we divorced we were on good terms and our conversations were centered around the kids. It was my understanding, at the time, that we were agreeing that he would take over the payments (not the actual ownership of the home). 

My name was never legally removed from the mortgage or the deed. Do I still have cause to claim ownership of the home? The wording in the divorce documentation seems unclear. He claims I have no rights to any value of the home. 

Did I mess up 12 years ago? Or do I have any case to part ownership at this time? I have been diagnosed with brain tumors and I still have our 15 year old daughter 100% of the time (she didn't want see or speak to my ex) and I want to put things in financial order for her. I am remarried, as well. 

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Bill B.#3 Personal Finance Contributor
  • Investor
  • Las Vegas, NV
9,544
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Bill B.#3 Personal Finance Contributor
  • Investor
  • Las Vegas, NV
Replied

Have you been making payments? According to the words you typed the house was worth NEGATIVE dollars when you got divorced. 

Its value was $110k and the mortgage was $106,500. Assuming you could find a realtor, title company and the local government that would only take $10k for the sale, the house was worth $6,500 less than owed. It wasn’t an asset it was a liability they took off your shoulders. Why you would punish them for that I don’t know,but people are strange. 

If you haven’t been making any payments obviously you shouldn’t make a claim on the house. If you hate them maybe you could make a legal claim but you’d have to throw your morals in a closet while you did it. 

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