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wil7smith · Joined: 20 Dec 2009 Posts: 2 1.00 Dollars($)

My ex-husband manipulated me so that I wouldn't take half of anything during our divorce (I know this now). We were married 20 years in California, and I ended up buying him out of the home adding $70,000 to the principal value. After 5 years since the divorce was final, can I ask for the house now?

Posted: Sun Dec 20, 2009 4:45 pm Post subject:

I read your question several times and don't know how to reply because there's so much I don't know.

What do you mean by buying him out out of the home?

How did it add 70k to the principle balance?

What does your Divorce Decree say say about what happens with the property after 5 years have passed? And why did it take 5 years to finalize a Divorce?

I'm so confused.

adonis · Posted: Sun Dec 20, 2009 8:52 pm Post subject:

Hi song4mozart,

You can definitely ask for the house but it would be your ex-husband's discretion whether or not he would give you back the property. I suppose he is the sole owner of the property. In that case, he is not obligated to transfer the property to you. It would have been better if your divorce decree would have mentioned about the ownership of the property.

wil7smith · Joined: 20 Dec 2009 Posts: 2 1.00 Dollars($)

Sorry for the confusion. In the divorce, I didn't get a thing after 20 years of marriage. What I did was buy him out. I paid him $70,ooo, but that amount got added onto the original principle balance of the home. In essence, it was pretty much a loan and they wrote him a check. I am the property owner. I just want the $70,0000 back! lol My house payment are through the roof and on top of that, I am paying mortgage insurance because I am so upside down on the house. I wish I would have asked for the house in our divorce. He never paid child support, alimony (I had a job), nada. It's my own darn fault for not asking for this, but as I said, he manipulated me. In all the 20 years we were married, he handled all the finances. After my parents passed away, I received an inheritance. He even went so far to tell me if I tried to take half of his retirement, he would take my inheritance. I know now he would not have been able to do that, but I was ignorant to all of this.

jameshogg · Posted: Mon Dec 21, 2009 10:34 pm Post subject:

Welcome back song4mozart,

As far as I know, if you want to modify your divorce decree, you will have to file an appeal. Unless there are exceptional situations, this appeal is not considered. In my opinion, you should consult your divorce attorney in this regard. He will be best person to let you know whether or not your divorce decree could be modified.

Thanks

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Modify divorce decree to get house?