can i sue my exwife for ruining my credit after divorce

casketkid · Joined: 17 Mar 2009 Posts: 1 1.54 Dollars($)

we divorced on 2006 .we have 2 properties.one was awarded on my name and other on her name.she didnot made any payments more than a year and now it got foreclosed.that house has a loan with my name also.
On the divorce paper it clearly states that "wife is responsible for refinance or otherwise remove husbands name from the obligation on the house within 6 months from the entry of final judgement in this matter".
now on the other property which is awarded to me also has her name but i cant refinance until 2 years also.also i cant get any loan until 7 years.so I dont know how can i sue her.She has been harrassing me in so many ways.now its time for me also to play a game.she has got the 1999 van and i got 1980 junk car.she has got whatver she wants and still wants more money .how can i give her punishment for taking advantage from me everyway possible.
i live in tennessee and she lives in georgia.

gmakerley · Posted: Tue Mar 17, 2009 5:50 pm Post subject:

i have said it before, and i will say it again. anyone can sue anyone else for anything at any time. whether it will be successful is another story.

it's pretty clear from your post that she defaulted on the mortgage and lost her home to foreclosure just so she could punish you.
this is the most litigious society on the planet. if someone looks at us the wrong way, all we can do is think of suing.

please don't think i don't see the serious nature of your beef here, casket. you apparently got the raw end of the deal, and your pain is certainly obvious. i just tire of the desire to sue all the time.

you need to discuss all this with your divorce attorney and perhaps go back to the court that issued the divorce decree to see about enforcement. i am not a divorce expert (even though i have experience), but that's (to me) the way to begin...maybe you've already done that.

jameshogg · Posted: Tue Mar 17, 2009 7:39 pm Post subject:

Hi casketkid,

I agree with George that you need to contact your divorce attorney and discuss the case with him/her. As your wife has not removed your name from the mortgage though the divorce decree stated so, I guess you'll be able to sue her.

Thanks

manoj_gopale · Joined: 16 Feb 2009 Posts: 481 0.49 Dollars($)

i have some other aspect to look at it.if you are sueing her on the basis of not paying the mortgage (or whatever else you think of) then it may be a possibility that she may sue on the same basis for not paying the due for mortgage as you also have one property.

gmakerley · Posted: Wed Mar 18, 2009 6:47 am Post subject:

manoj, where in the world are you getting that? please read the original post more clearly. nowhere was it stated that he's not paying his mortgage.

Guest

You can have your divorce attorney file a motion of contempt because she did not do as it stated in the decree. I'm currently in process of doing that because my ex-wife has not paid the mortgage since the finalization of the divorce, and I'm forcing her out of the house so I can live there and rebuild my credit. In addition to that to paying the past due mortgage she's accrued and a lease buyout on my apartment, I'm suing her for the total amount of those based on the contempt charge and legal fees. Attorney said I have a 80% chance of winning hands-down, because the mortgage and my lease buy out wouldn't be an issue if she would have let me keep the house (I can afford it- she can't) in the divorce because she knew prior to that she couldn't afford it and did it out of spite.

Guest

to Busasniper, or any one else, my ex has not re-financed like the decree ordered, my atty that handled the case said I could take her back to court but would probably prove unsuccessful since she has also just filed for bankruptcy. So Now what ?

gmakerley · Posted: Tue Nov 03, 2009 1:11 pm Post subject:

that bankruptcy filing has probably gummed up the works completely for a while.

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