Author Topic: Any attorneys? Divorce and real estate issue...  (Read 1597 times)

Offline danf

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Any attorneys? Divorce and real estate issue...
« on: March 25, 2014, 10:16:09 PM »
Wondering if there are any attorneys on the forum....?  I'm more than fine with a PM if anyone doesn't want to respond here.

Here's the lowdown, and I'll try to keep it as short as possible:
A little over 2 years ago my ex-wife and I finalized our divorce.  The last thing that ties the two of us together besides our kids is our old house and property in Indiana.  Almost 4 years ago (May 2010) we sold that house "on contract" to a couple.  I've since found out that a contract sale is virtually unheard of here; basically it's a rent-to-own type of scenario where the buyers actually hold right to title on the property.  It was supposed to be a 3 year contract- they were either supposed to have their own financing or have it sold in that time frame. 

Last May came and went and they did not have it sold and had moved out.  They were trying to sell it on their own, but never listed it with a Realtor despite my urgings to do so.  By the contract, the only recourse I (we) had was to foreclose.  At the advice of an attorney I spoke with in IN we did not pursue that option due to the time and expense of it.  They had a sale in process from sometime in May until the buyer finally backed out in late September.  During that time they did not make any payments to me like was standard with the contract, even though I had told (verbally and I think in emails) them I was willing to extend the contract until they could get it sold.  Regardless, the house went into foreclosure since I could not afford to support both that house as well as the full-time roof over my head.

I eventually borrowed money to get the house out of foreclosure.  I also spent money out of pocket towards that mortgage after the contracted buyers quit paying (i.e.- every payment I made during the contracted period I had received a payment from the contracted buyers). 

There's a bit more to the timeline, but fast forward to today.  We now have a sale very close to being done on the house- to the point the title company is getting paperwork ready.  The issue now is, my ex-wife does not think that the money I borrowed should be paid back from the leftover funds before they are split the way the divorce decree outlines.  She is "ok" with the amount that I paid out of pocket getting taken off the top before the split though.  I think both my out of pocket and the borrowed money should be taken out before funds are split.

Who is correct?  Neither of us have an attorney on retainer; I consulted with one early in the divorce process and she had a pro bono then.  I don't know if she has talked to him about this.  I realize there is language in the decree that could possibly affect who is correct, and I would be happy to provide that if someone is willing to offer a legal opinion.

Thanks!

Offline steve weitzler

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Re: Any attorneys? Divorce and real estate issue...
« Reply #1 on: March 26, 2014, 07:25:53 AM »
Sorry but I can't answer that question but next time you might want to consider burning the house down and collecting the insurance. ;) ;) ;)

Offline Admin Al

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Re: Any attorneys? Divorce and real estate issue...
« Reply #2 on: March 26, 2014, 12:44:05 PM »
IMNSHO, as someone who has been divorced, it would be well worth it for you to talk to an attorney Dan!
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Offline kenreville

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Re: Any attorneys? Divorce and real estate issue...
« Reply #3 on: March 26, 2014, 03:39:34 PM »
Take Al's advice. Get a lawyer. Don't think for a second, no matter how many times she tells you, that she hasn't hired her own lawyer. You will be both surprised AND screwed when she shows up to the hearing with one, and you nada.


strandman

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Re: Any attorneys? Divorce and real estate issue...
« Reply #4 on: March 26, 2014, 05:20:15 PM »
You mean like : I kinda did the route ?

Offline Admin Al

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Re: Any attorneys? Divorce and real estate issue...
« Reply #5 on: March 26, 2014, 09:42:53 PM »
Take Al's advice. Get a lawyer. Don't think for a second, no matter how many times she tells you, that she hasn't hired her own lawyer. You will be both surprised AND screwed when she shows up to the hearing with one, and you nada.

Been there, done that...I speak from experience!!!
Al Hospers
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Offline kenreville

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Re: Any attorneys? Divorce and real estate issue...
« Reply #6 on: March 27, 2014, 10:05:58 AM »
Me too Al. Me too. It's getting rarer to actually find ANYONE who hasn't been divorced (at least once) in their lives.

Offline old_school

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Re: Any attorneys? Divorce and real estate issue...
« Reply #7 on: March 27, 2014, 11:36:59 AM »
Yep...throwing my hat in the ring...twice for me!! Got bent over on the first one...both had attorneys...did better on this one...the two of us worked together to come to a mutual agreement...much more civil, so it can be done.  FWIW
"Before you criticize someone, walk a mile in their shoes. That way when you criticize them, you will be a mile away from them and you will have their shoes."

Offline DaveR

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Re: Any attorneys? Divorce and real estate issue...
« Reply #8 on: March 27, 2014, 12:12:13 PM »
Get a lawyer or you will get screwed! Sent you a pm.

Offline steve weitzler

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Re: Any attorneys? Divorce and real estate issue...
« Reply #9 on: March 27, 2014, 12:26:31 PM »
28 years with the one and only wife!! But......she probably should have unloaded me years ago. :( :(

Offline M_Sprague

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Re: Any attorneys? Divorce and real estate issue...
« Reply #10 on: March 27, 2014, 12:40:50 PM »
Do you still keep that poor lady chained in the basement, Steve?

Dan, just take a vow of poverty and don't worry about it  ;D
« Last Edit: March 27, 2014, 12:46:45 PM by M_Sprague »
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Offline steve weitzler

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Re: Any attorneys? Divorce and real estate issue...
« Reply #11 on: March 27, 2014, 02:12:04 PM »
Occasionally I let her into the kitchen to cook!!!! ;D ;D

strandman

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Re: Any attorneys? Divorce and real estate issue...
« Reply #12 on: March 27, 2014, 05:00:10 PM »
Occasionally I let her into the kitchen to cook!!!! ;D ;D

28 years august for Rose and I  ..I NEVER let her cook  !!!  Still stays with me in spite of the miscreants she has met....of course we had to move 2000 miles away

sneoh

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Re: Any attorneys? Divorce and real estate issue...
« Reply #13 on: March 27, 2014, 07:57:04 PM »
What, Strand, Weitzler, and TC all got married the same year?
Was there some sort of bug outbreak in '86?  Luckily I was not in state then (moved to MA in '87).

All the best to you, Dan.  Finances permitting, get good legal advice.  It does not hurt to be "ready".

strandman

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Re: Any attorneys? Divorce and real estate issue...
« Reply #14 on: March 28, 2014, 09:49:27 AM »
Good thing same sex wasn't around it the 80's..who knows  ???