What to do if I got the house in my divorce but gave it to my ex-wife and now she’s now 3 months behind?

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What to do if I got the house in my divorce but gave it to my ex-wife and now she’s now 3 months behind?

Asked on June 21, 2013 under Family Law, Virginia

Answers:

John Smitten / Carey and Leisure

Answered 8 years ago | Contributor

Hello.  If she is not paying then you have to make a motion to get the property back or have the court partition the property

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. This sort of issue is somewhat common in family law. I urge you to have a private attorney in the involved state assist you. The issue can be corrected and resolved. You should not delay in seeking attorney help. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Your ex-wife is not three months behind on the mortgage, you are because the house is in your name.  The fact that you are allowing your ex-wife to live there, apparently in exchange for her agreeing to pay your mortgage payments, is a separate question.  You can either bring the mortgage current or let the house go into foreclosure, which will look very bad on your credit.  If I am wrong and you transferred title of the house to your ex, then you have nothing to worry about; it is her problem.


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