Posted by Ron on August 23, 2005 at 12:05:29:
He must pay the child support.
In most cases, I mean more than 50% of all cases my statement goes. It is a fact.
What’s the ex-wife to do? - Posted by whyK-CA
Posted by whyK-CA on August 22, 2005 at 01:52:48:
The father and the son owned the place from 70?s. The son got married in 80?s. They were married for about 18 years. They were separated about two years ago and divorce proceeding is still going on. The husband never showed up in the family court.
The wife discovered that husband took out two loans while they were separated. He lied on the loan that he was not married. He took the second about 8 months ago. It was almost paid off before the two loans, so the father and the son either spent the money or hiding the money somewhere.
Four months ago, the judge made ruling on some of the matter. He ruled the wife gets the ?physical custody of the house.? That?s all it says in the court paper at this point.
Q1. Does this sound to you that judge is giving the house to the wife? Or the judge is just saying the wife can have the use of the house?
The wife finally got the possession of the house now. The place was a big mess. The title is still under the father and the son. The father is in State prison. The no-show son seems to be in the area, but hiding. The wife fund a registration for Mercedes in the pile of stuff they left behind. The registration was under someone else?s name. This might mean that they went to shopping spree.
Now the house is being foreclosed on by the second and has about 10 days to the sale.
Q2. What can the wife or her attorney do to stop the foreclosure? She is totally broke. She wants to sell the house, but she doesn?t own the house yet.
Thanks.
Re: What’s the ex-wife to do? - Posted by $-Man
Posted by $-Man on August 22, 2005 at 12:02:36:
WhyK
Check with the judge, physical custody of the house, may mean owenership, it may mean possession, I seen a lot of divorce decrees as a broker but this one is new to me, usually when they give possession only, they also order the mortgage to be kept up, etc. or some other instruction.
$-Man
Re: What’s the ex-wife to do? - Posted by Sean
Posted by Sean on August 22, 2005 at 09:09:55:
Agreed, talk to a lawyer, and contact the cops.
The ex/son have committed FRAUD. File complaints and get warrants issued.
Re: What’s the ex-wife to do? - Posted by Anne_ND
Posted by Anne_ND on August 22, 2005 at 08:17:44:
The wife needs to speak to a local attorney right way, you know that. Maybe she can get help from Legal Aid or some pro bono work.
If I were she, I’d alert the authorities about the fraudulent loans and I’d get a restraining order against the husband ASAP.
Perhaps someone else could comment on the feasibility of her filing for BK to delay the foreclosure- it’s not something I know much about.
CA has some unusual laws, so be sure to get local advice right away.
good luck with this one,
Anne
Re: What’s the ex-wife to do? - Posted by Kathi
Posted by Kathi on August 24, 2005 at 18:57:24:
What does the divorce decree say? It is not uncommon for spouse #one to be given posession but to also be required to be the one who keeps up with the mortgage payments. Why is this unfair? Did the husband quit claim the deed to the wife? Tell us the rest of the story.
Tell the ex-wife find a job … - Posted by Ron
Posted by Ron on August 23, 2005 at 01:50:13:
Tell the ex-wife find a job and start working. The best money is the money you make, not taking somebody else?s.
Over and over again the court rules against the “money maker”. So sad for this great country.
Re: What’s the ex-wife to do? - Posted by whyK-CA
Posted by whyK-CA on August 25, 2005 at 13:48:20:
If you are addressing these questions to me, the court order doesn’t say anything about mortgage. The husband didn’t make payment while he had possession, which is putting the house to foreclose. And as I say, title is still under husband’s and his father’s name.
I didn’t see this coming… - Posted by whyK-CA
Posted by whyK-CA on August 23, 2005 at 02:26:22:
Ron,
It appears that your opinion is that all ex-wives are money suckers and all ex-husbands are money makers who are victim of the crazy courts all over this country ?.
FYI, she works full time. She?s been raising three kids. The husband doesn?t pay the child support. He doesn?t always work. The husband basically abandoned the children too. The child support arrearage is over $20K at this point. In the mean time husband probably living off of this large some of the money, hiding somewhere, avoiding the judge.
I?m on ex-wife?s side.