I need to reclaim possession of my home after the divorce.

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I need to reclaim possession of my home after the divorce.

The ex-wife is not paying the mortgage as ordered in the divorce and she has moved out. Both of our names are still on the deed and note.

Asked on June 16, 2009 under Real Estate Law, Florida

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

if your wife was ordered to make payments as part of the divorce agreement if she is failing to do so you should make a motion with the court to order her to oblige. If she continues to refuse she can be held in contempt of court and eventually if she continues refusing to follow the order she can be put in jail

However none of that will keep the house paid and if the only way to ensure payment is made is for you to make the payments you may want to do so until you get the matter before a judge. keep records of your payments in case he decides to order she pay you back. Otherwise make a motion for control/occupancy of the home for yourself and/or for you to put the house on the market

you can do this on your own but hiring a local attorney may make it easier and ensure you dont miss anything that could help you in the long run. good luck


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