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  1. #1
    Join Date
    Jan 2011
    Posts
    8

    Default Getting Ex-Fiancé Off of the House Title

    My question involves child support in the State of: NJ
    Daughter-in-law's baby-daddy moved out 3 weeks ago to move in with another woman. (They are not married). Since then he has given her 1 box of pull-ups and $150.00 & has visited his child 1x for a total of 30 minutes. (Pittance since he makes $1,000 a week). She has the paperwork to fill out for child support since it looks like he will not be paying anything willingly. (He never gave her his paycheck while living there-she had to pull teeth to get any money from him for bills).
    Another problem is she re-mortgaged the house [previously in her name only] a couple of years ago to pay off some of his credit cards putting his name on mortgage and deed. (Yes I know - STUPID). But, since they are not married I know she can't add any of the house mortgage in towards the child support. Correct?
    But, she would like to get his name off of the house. The house is now worth less than what it is mortgaged for - so there is no equity in it for him. And she can readily show that she has paid all of the mortgage payments. There has never been any joint accounts. Would there be a possibility of going to court to have her be able to refi on her own without having to pay him anything to have him sign off? If so, which court?
    Final question. He has alot of tools and junk stored at the house. He was a picker on the weekends so there is alot of hazardous stuff in the backyard that she would like to clean up and trash in a dumpster. Is there a time limit before she can trash or sell it? If he isn't going to pay his share for the mortgage she could sell some of the tools & trailer to make up some of the money. But she doesn't want to do that without proper notice or time. Can she tell him that he has a certain time frame to get his stuff out by and then start cleaning up and/or selling it? (She's not going to be a storage facility for him as she knows his new "girlfriend" doesn't have property at her house for this stuff so he's going to make excuses to delay it).
    Thanks for all your help
    RA

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,165

    Default Re: Getting Ex-Fiancé Off of the House Title

    If there's no equity in the house, perhaps she can convince him to deed the house back to her if she refinances to remove his name from the mortgage. Court can quickly become very costly and thus should generally be a last resort.

    Right now it's his house as much as it is hers, so he can keep his stuff there. If she wants the stuff gone, she had best start working with him to either arrange for him to remove his belongings or to get permission to discard or sell them. She has no right to steal and sell his property to pay bills.

    You don't get extra child support for living in a house with high payments.

  3. #3
    Join Date
    Feb 2012
    Posts
    107

    Default Re: Getting Ex-Fiancé Off of the House Title

    Quote Quoting R_Ann1956
    View Post
    My question involves child support in the State of: NJ
    Daughter-in-law's baby-daddy moved out 3 weeks ago to move in with another woman. (They are not married). Since then he has given her 1 box of pull-ups and $150.00 & has visited his child 1x for a total of 30 minutes. (Pittance since he makes $1,000 a week). She has the paperwork to fill out for child support since it looks like he will not be paying anything willingly. (He never gave her his paycheck while living there-she had to pull teeth to get any money from him for bills).
    Another problem is she re-mortgaged the house [previously in her name only] a couple of years ago to pay off some of his credit cards putting his name on mortgage and deed. (Yes I know - STUPID). But, since they are not married I know she can't add any of the house mortgage in towards the child support. Correct?
    But, she would like to get his name off of the house. The house is now worth less than what it is mortgaged for - so there is no equity in it for him. And she can readily show that she has paid all of the mortgage payments. There has never been any joint accounts. Would there be a possibility of going to court to have her be able to refi on her own without having to pay him anything to have him sign off? If so, which court?
    Final question. He has alot of tools and junk stored at the house. He was a picker on the weekends so there is alot of hazardous stuff in the backyard that she would like to clean up and trash in a dumpster. Is there a time limit before she can trash or sell it? If he isn't going to pay his share for the mortgage she could sell some of the tools & trailer to make up some of the money. But she doesn't want to do that without proper notice or time. Can she tell him that he has a certain time frame to get his stuff out by and then start cleaning up and/or selling it? (She's not going to be a storage facility for him as she knows his new "girlfriend" doesn't have property at her house for this stuff so he's going to make excuses to delay it).
    Thanks for all your help
    RA
    She needs to file for child support. Once she does this expect him to file for some sort of custody and will likely get joint custody unless he has some serious issues. Not just what you feel to be issues but drugs, DUIS with children in car and so on.

    He owns as much of the house as she does so he's not using her as a storage, he is storing his belonging at a house he partially owns.

    I agree with the talking to him about refiancing the house back into her name or if your daughter can't afford it anymore talk to him about taking over payments for him and his girlfriend to live there.

  4. #4
    Join Date
    Jan 2011
    Posts
    8

    Default Re: Getting Ex-Fiancé Off of the House Title

    Thanks for the responses. I'm hoping she can get him to do a quit claim deed if she can refi the house - she should be able to afford it without him. (There's no way she would willingly let him have it - she would sell it first).
    And he isn't going to file for custody - he child has developmental issues. He has wanted little or no part of her up until now. (He has never had an interest in her well-being, taken her to doctor visits, or even provided HIS medical/union insurance). So I would be surprised if he even "visits" on a regular basis.
    But - on the issue of his stuff - I realize that the house is "1/2 his" - but if he has left her for another woman & then refuses to communicate with her on any of this. Does she really have to just let all of this junk just sit there gathering rust while he flits around? She didn't like him storing the stuff there while he was there but really didn't have much of a say in it - it's a big eyesore. (The neighbors have complained to the township before). Granted, some of it is good - like the 4 trailers, but come on - she isn't a U-Store-It storage locker. There should be a time limit - isn't there?
    RA

  5. #5

    Default Re: Getting Ex-Fiancé Off of the House Title

    A Quit Claim will not be sufficent for the bank. It would be a violation of the mortgage agreement. The ex would be foolish because he would still be reposible for the mortgage, even if he doesn't own the home.

    Your DIL would need to refinace the house by herself, with the ex agreeing to remove his name. It might be worth noting that he has and is escaping from his credit card debts since it was financed into the house, and he has not made a single payment, and will be getting away from future payments by relinquishing his rights to the house. She can also let him know that she will not take him to court to recover the amount of his credit card debts that were financed into the house.

    If your DIL's ex is not cooperative, your DIL always has the option to stop making payments and allow the bank to foreclose.

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