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Husband took my money for home we bought but won't pay mortgage or add me to deed

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#1 nacesq67


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Posted 24 February 2013 - 06:53 PM

We are married four years, I have two kids he had none. we agreed to purchase marital home and put only his name on the mortgage because I had bad credit, we closed before my property was sold and I was upset because he did not pout me on the deed right away and had not changed his will to include me. By then we had been married 8 months and had closed 3 months prior. He failed to respond so after a few months I moved out of the home and was furious at having to uproot kids. 5 months later I stupidly moved back because he was sorry, etc' and we agreed that if i moved in he would sign docs and allow me superor right to possession until my youngest turned 18 becuase of school (he is in 11th grade) and then I wired him proceeds $120,000.00. He never changed docs, failed to apply for HARP and HAMP, had a tax lien filed and is now paying credit card minimums but not the mortgage. I had a HUD counselor assigned and he called the lender instead. How can I protect my right to this real estate that is at least half mine? A lis pendens? Sue for fraud? Sue for divorce? We are two months behind and he is the moneyed spouse. I can show a pattern of economic and psychological abuse with one incident of physical abuse. How do I protect my asset? Get the court to impose a constructive trust?

Edited by FindLaw_AHK, 04 March 2013 - 08:52 AM.
This post has been edited to remove style elements that were causing it to display improperly. -Moderator

#2 Fallen


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Posted 26 February 2013 - 09:47 AM

His name alone being on mortgage isn't a bad thing; it almost certainly means lender can't come after you for repayment.

You need to talk with a divorce attorney and cease with the weird research about constructive trust.

It's a weird reason to move out of the house (his "fail[ing] to respond"); you weren't "stupid" to move back in.

Not sure what you mean by "superior" right to possession, but he can't kick you out of the marital residence regardless of whose name it's in.

You don't say where you are, but you ought to be talking with a divorce attorney.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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