Legal Seperation

[ladydove]

Hi everyone, I have a question that I hope someone can answer.  I've been seperated for 6 years, my exhusband and I have a home together which we both lived in for about two years and then I put a restraining order on him and had him removed from the home.  He left me with the house with mrtg in arrears, and IRS taxes unpaid .  He moved to Puerto Rico and refused to pay towards the IRS.  I've since then declared bankruptcy and cleared it, paid off the IRS, took the house out of foreclorsure several times and refinanced.  I am refinancing again and this time he wanted me to give him $40k and give me the house.  When I told him I can only get $18k cash out he asked for $10k or he would not sign the papers.  I agreed to it verbally but my title company just informed me that siince the loan is mine I don't have to give him anything, but they will do whatever I ask.  He is retired and the "child support" I receive is for our 15 year old comes from Social Security.  He has not contributed to anything in the house since he left and in fact said that either I give him the $10k or I can lose the house - he didn't care.  I've struggled to repair things and keep this roof over my sons head so that he could have some stability.    I feel like he has minipulated me once again and I have not rights.  He says he will give me the house when our son turns 18 and I sell the house after I give him some money.  I know that if I sell there is a splitting of funds, but after all these expenses throughout the years I certainly would hate to give him half.  Any advise? 

Thanks

Ladydove

[livealittle]

are you separated or divorced?  Can make a difference in things like this.

I would suggest you consult with a real estate attorney if you are divorced and a divorce attorney if you are not.

[ladydove]

I'm still legally seperated.

[Lee Borden]

If you're legally separated, the decree will govern. This is no longer a question of what's fair. It's a matter of enforcing the terms of the decree. If the decree is silent, then you and your husband own the house together and have equal rights to it.

[vicestory]

I am in the mortgage business, and have done it for a long time. Unfortuntately, if you are married in the state of Alabama, you are governed by the 'what's mine is yours' rule. If you do NOT have a final divorce decree outlining the terms of the mortgage, house, etc.... you will HAVE to have your husband on title, which essentially gives him 1/2 ownership and equity. He could, at that time, sign a quit claim deed at closing, which basically means that once you pay him, you would be no longer indebted to him after closing. If a title company doesnt put him on title, then that is something which your STBX could nail them on.
I suggest calling a Real estate Attorney and getting the specifics. If it were me, and I were the lender/broker, I would cover my tail and make sure STBX is on papers.