All Forum Posts by: Leslie Johnston

Thank you, all. Our attorney wasn't available until Monday, so I was just trying to get some feedback and see what people thought. Will definitely work on a living trust. Thanks all!

@Bill B.

I get where you are coming from, since you don't have all of the small details of my case. I never received alimony. I received minimal child support for our two children, which my new partner and I have mostly raised over the past 12 years. I helped secure the original down-payment on the home and the LOW interest rate my ex has benefitted from for the past 12 years... When asked to refinance many years ago, he basically told me he couldn't afford to refinance if I didn't stay on the mortgage... And of course, there's all the other unique things involved in my case. So, no, I am not trying to punish my ex, just trying to make sure my daughter (whom I had with my ex) is taken care of - if something were to happen because of my diagnosis - my daughter would stay living with my current partner (not go back to her father), so I'm trying to ensure some stability for the both of them.

It is now worth approx 350k

I am on the mortgage and the deed. These were never changed. It was a verbal agreement that he would take over payments and that the house would stay in both of our names as 'insurance' for the kids. He now claims that he owns the house and I have no rights because he's paid for it all these years. I told him that we could deduct the amount he has paid towards the principal (which is about 24k)... And go from on there. Tried to settle it with him out of court. Looks like lawyers will now have to be involved. 

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.