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  1. #1

    Question Ex is Holding on to Insurance Money

    My question involves divorce in the State of: Louisiana

    My ex-husband and I own a house. It was in the marriage contract that he buys the house for his own personal expense and puts it in our 2 names. He took out a 30-year mortgage when he bought it - 5 years ago. We got divorced 2 years ago. I live in the house. He pays the mortgage, taxes, insurance in lieu of child support. The mortgage company bought a homeowners insurance because his insurance lapsed and he wouldn't buy another policy. After the hurricane the insurance company gave us some money to repair the house. The insurance company gave it to the mortgage company and they gave money to my ex-husband since he is the only one on the mortgage.
    My ex-husband refuses to repair the house and has the money in his posession. Since I am the second owner of the house, please, tell me if I have any right to get those money to use them for repairing the house? If I do, then how do I go about it?

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Ex is Holding on to Insurance Money

    Quote Quoting NewOrleansgirl2
    View Post
    My question involves divorce in the State of: Louisiana

    My ex-husband and I own a house. It was in the marriage contract that he buys the house for his own personal expense and puts it in our 2 names. He took out a 30-year mortgage when he bought it - 5 years ago. We got divorced 2 years ago. I live in the house. He pays the mortgage, taxes, insurance in lieu of child support. The mortgage company bought a homeowners insurance because his insurance lapsed and he wouldn't buy another policy. After the hurricane the insurance company gave us some money to repair the house. The insurance company gave it to the mortgage company and they gave money to my ex-husband since he is the only one on the mortgage.
    My ex-husband refuses to repair the house and has the money in his posession. Since I am the second owner of the house, please, tell me if I have any right to get those money to use them for repairing the house? If I do, then how do I go about it?
    No, while you own the house, you were not a party to the insurance contract.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Ex is Holding on to Insurance Money

    He was and is 100% responsible for the mortgage. He was required to insure the house and he was paid. That is a contract between him and the insurance company, you were not a party to it bc the insurance goes with the mortgage, not the deed. As long as he continues to pay the mortgage note on it, the mortgage company isn't going to care.
    Sounds like you need to get an attorney involved to work out child support.

  4. #4

    Default Re: Ex is Holding on to Insurance Money

    Since I am an owner of the house too, do I have the right to request that the insurance money be used to make the repairs?

    Thanks

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Ex is Holding on to Insurance Money

    Quote Quoting NewOrleansgirl2
    View Post
    Since I am an owner of the house too, do I have the right to request that the insurance money be used to make the repairs?

    Thanks
    You can try but the insurance contract was between the other party and the insurance company, with the mortgagee having an interest in it. You're nowhere on the contract, based on the information you provided.

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