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#774416 - 03/06/18 07:16 PM Property issue, how to proceed?
blue40 Offline
recently joined

Registered: 03/06/18
Posts: 1
My divorce decree was filed Dec 8, 2017. In the mediation agreement, we agreed that my ex husband would stay in the house (mortgage is in my name) and attempt to pay off the loan on his own or go through the assumption process. He had to remove my name from all financial obligations associated with the home. He has not communicated his intentions to me and the mortgage company has relayed that the assumption process in no longer in progress. Thur Mar 8 will be 90 days. According to the agreement, after the 90 day period, the house and all responsibility for the property return to me, and I must sell the property and split the remainder of the sale with my ex. I contacted an attorney today and she advised that I would have to go through the court system by filing a contempt order.

We have 2 children, daughter is 10 and son is 8, and we are currently doing shared custody week-to-week. We were separated 3 1/2 years, custody changed several times but was always either shared half the time or with myself as primary. There are no other issues with personal property or real estate, only the family home, which was acquired during the marriage.

I am wondering if anyone else has been through a similar situation, and if so, what did you have to do? I am in SC.

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#774428 - 03/09/18 06:57 AM Re: Property issue, how to proceed? [Re: blue40]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 842
Your attorney is giving you the proper advice.

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#774471 - 03/22/18 03:43 PM Re: Property issue, how to proceed? [Re: blue40]
BeatDad Offline
recently joined

Registered: 02/16/18
Posts: 9
The fact that you had gone through mediation, currently have shared custody of children and have no other issues with property suggests your relationship with your ex is not of the worst kind.
Have you attempted discussing this issue directly?
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Please help! Support my son's fund here.

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