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  1. #1
    Join Date
    Dec 2005
    Location
    CA
    Posts
    2

    Default Abandonment

    My wife locked me out of our home and had the locks changed. I was then served with legal seperation papers. Am I able to return to the house (to reside) without any problems from the police. Am I obligated to still send funds for the mortgage payment even though I am no longer living there? Also when we got the mortgage I signed a quit claim due to my credit problems. If we do divorce do I have any rights to the property or the value of the property? We just recently moved to a brand new home after selling our previous home which I also signed a quit claim on. Am I entitled to any of the money made off of the sale of that property? Any info would be greatly appreciated. Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Locked Out of House

    Have you hired a divorce lawyer yet? If not, consider doing so.

    Were you served with any papers from the court which reference possession of the home, or preclude you from going into the home?

    If you aren't on the mortgage, not paying the mortgage probably won't affect your credit record. But if you continue to pay it may lend credence to any claim you have that despite the quitclaim the home is marital property - that's something to discuss with your lawyer, along with the valuation and division of the marital estate.

  3. #3
    Join Date
    Dec 2005
    Location
    CA
    Posts
    2

    Default

    What about the funds from the sale of the previous home? We lived in the previous home for 6 years, sold it and used some of the proceeds to buy the new one. The rest was placed into an account which only my wife is on. Do I have any rights to it? I am really strapped for $$ since I am having to pay to live elsewhere? What are my options if I can't afford a lawyer? Thanks

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Quote Quoting lscott
    What about the funds from the sale of the previous home?
    You would argue that they are part of the marital estate.

    Quote Quoting lscott
    What are my options if I can't afford a lawyer? Thanks
    From what you have said so far, if she has a lawyer and you don't, you will probably end up with a much worse resolution than you would otherwise achieve.

  5. #5
    Join Date
    Jan 2006
    Location
    NC
    Posts
    8

    Default


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