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Hello Community, I had a divorce Jun 05 but legally seperated soon after I purchased a home 9/93 I lived in it for about 18 months before separating. Alone I have paid the mortgage and had written in the separation that I will until the youngest was 18yrs old. Now, she has never paid any mortgage from the start and have been living rent free since 1993. Now that the child is going to be of age this June. The decree states that she will get 50% of the equity. But the way the market is that is not going to happen and she can not refinance due to her credit being shot. She have let the property go to waste side and it will take atleast 15K to get it right for the market which she is suppose to provide half for which I know she don't have. She is not trying to do anything but I'm not required to pay the mortgage after june, but I have to due to the title deed, and loan is in my name only. I don't want to wait until June gets here to tell her that she needs to vacant the property. Do I have to treat this like an eviction through legal ways to inform her to vacant on a 45 to 90 day notice. its not that I don't want her to just have the place, the kids are gone. she can't qualify to refinance in her name. ADVICE

"I don't want to wait until June"
You've waited 15 years. What's another 3 months?

The wait isn't the issue. I just don't want her to be there while I'm paying the mortgage and she get extended there because I didn't give her proper notice.

How about offering to treat her like a tenant and charging her rent equivalent to the mortgage payments, beginning July?

I have to say this. I feel you can't allow her to take the blame for letting the property go to waste. It was yours all along and you should have made certain it was maintained. You're going to have to something to get the home in shape for a better sale price when the time comes... or... be ready to refi, buy her out now, and let her take the 50% equity of today's market.

" I just don't want her to be there while I'm paying the mortgage and she get extended there because I didn't give her proper notice."

You should bare some of the problem you helped to start it with. This is the exact problem when you agreed in the original order to let continuing business between you two instead of "finish" it at the time of divorce. It's only a few months left and even if you bring her to court and by the time the case gets there, it's already in June plus court and attorney fee. Just let it go.

I agree only in the sense that he should have made certain to protect the condition and value of the property. Otherwise, DVD, his situation is not an uncommon one and works very well for those who wish not to disrupt the lives of their children by allowing them to continue to live in same home and surroundings they're accustomed to. It is very typical of parents to agree to finalize and liquidate assets after the children are grown. Business was decided and finished at the time of their divorce. Unforeseen circumstances such as today's housing markets cannot be predicted by anyone.

Besides, he's not necessarily going to have incur family law attorney fees. He will likely be taking care of this in a civil court, although he can use the terms of the divorce decree agreement if necessary.

Okay, well I don't think anyone who has responded so far is in VA, so we're not experts on state law. Even if we were, you probably want to consult an attorney to make sure your "i"s are dotted and your "t"s are crossed.

I agree with Hevn it seems more like a civil court issue. Though...as there are no kid issues at stake here in VA even if this house issue was directly involved in the divorce litigation it would be in Civil court, albeit the domestic track. Though, the contract that will be discussed in this matter is the divorce agreement/decree. And, you might have the ability to seek legal fees from her if you have to litigate and it was in your Martial Settlement Agreement that if one party has to litigate to enforce they can seek legal fees.

Beav is correct in that you should speak to an attorney. It may fall under the laws that govern tenant landlord relations and if it does you can't just boot her without notice. As my divorce did take place in the Commonwealth I'm vaguely familiar with some of the laws with regard to property division. However you really don't wanna do anything illegal in this situation.

Hey! I really appreciate the feedback from those how can gave some good thoughts on this. I really don't want the house I just wanted the kids to grow inthe same neighborhood and schools. But if she could afford it it can be hers. Its just that her credit score is below atleast 550. I have not talk to her maybe she can rent it from me. But anyway I just spent two days repairing a lot of outside things and left. I will be talking to my lawyer so things don't back lash on me..... I just want it to be over with.

Well I'm back. I have gave her a 120 day notice of vaccanting the house after the youngest child reach her 18th birthday. she was suppose to move at the end of Aug 09. I put the house on the market and the clients are turned off because she will not keep the place up and show ready. So she is interferring with the sell of the house. can I get her evicted out, this is becaming an hardship on me due to me having to continue paying the mortgage because its in may name only. a little advice thanks

" I put the house on the market and the clients are turned off because she will not keep the place up and show ready. So she is interferring with the sell of the house."

"Show ready" is only relative to each person unless she put a hole in the wall. Therefore, I don't think you can accuse her of interfering. If she was supposed to move out at the end of Aug, then why is she still there? Not sure how eviction process goes since your case is not rental but court order. If she doesn't vacate the house, I guess your only option is to file contempt to have the court removes her.