Can I stay in the home if I can't get financing for another?
Question Details: In my divorce, I am currently living in the marital home but the judge ordered me to place it up for sale in 6 months and move out as soon as it is sold. My ex and I are to split any difference, if there is any. We purchased the home as a married couple and are both on the deed. The down payment of $40,000 came from my parents and grandparents as a wedding gift. The monthly taxes, mortgage and insurance are under $400 per month. We have 6 children. The payoff is only $38,000 and my ex gets a credit on child support for making the payments, meaning he pays that much less in support. He immediately purchased a massive gated home and far so he does not need this one but refuses to let me stay. Can I be evicted or forced to move if I cannot get financed for another home? Do I have any rights to fight this since I am on the deed to the home? He has a really good attorney and I cannot afford one.
You write that the judge ordered to you place it for sale in 6 months then move out when it is sold: your difficult in getting financing does not overrule the court order, and if you don't comply with it, your ex can bring a legal action to have the court enforce its order by punishing (e.g. fining) you. You may have to rent at first, instead of immeditately buying a new home, but you do need to comply.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Helping 20 Million Americans a Year for 20 Years. FREE!