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can i sue my exwife for ruining my credit after divorce

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 [url=http://www.mortgagefit.com/refinance.html]refinance[/url] 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's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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manoj_gopale's picture
manoj_gopale | Joined: February 16, 2009 10:31 am | Posts: 0 | Location: New Jersey | 00 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.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 ?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was devorced in 2002 , i was not advised of the date of the devorce . My ex wife used the internet and a family lawer to devorce me . Leading me to believe that everything was alright . I went through a state of depression , lost my company , bankruptsy , and losing my wife . In a nut shell , she devorced me and i was not there . She has ruined me , using a previous jiont tax return for proof of MY income and based the support on that return . I was told i could not do anything about the ruling , not untill it was too late did i find out that you legally have a year or two to have the devorce overturned . Now i would like to file a civil lawsuit against my exwife for falsifying and lying to the family court and to me . Is this possible ? Our children are of adult age and are independent .

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

anyone can sue anyone for anything at any time.

that being said, it's also quite true that many lawsuits are unsuccessful, frivolous and a waste of everyone's time.

can you sue your former wife? of course, you can. will you win? who knows?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My wife had an affair for 8 months with a co-worker and when I found out about it we got divorced. She felt guilty at the time and was fairly nice in the divorce proceedings. She left me the house (not that altruistic of a move since we had only bought it 3 months before after she had fallen in love with it so there was no equity to speak of) and we signed something that stated she was not responsible for the mortgage on the house (we had a 80-10-10 loan). I kept the house for a year but could not afford it so I sold it. The title company didn't pay off the 10% loan and I didn't catch it until 6 months later when the bank contacted me asking me why I was behind on my payments. I told them I already sold the house and they were crazy and that is when I discovered that the title company made a mistake at closing. I attempted to pay for another couple of years on the 2nd loan but it all became financially too much and I quit paying. In the process it wrecked my credit.

Last year my wife got remarried (to the guy she had the affair with; it took so long because he was married too and had a harder time getting divorced) and now they are trying to buy a house and she discovered that the bank also jacked her credit. I didn't think they could do that since the paperwork was signed saying that it was my responsibility. However, the bank said they don't care and that someone owes them.

My wife sued and won and I have been ordered by the Texas Judicial District to pay her $21,000 plus court costs and her attorney fees and so forth. I am not going to pay her a dime since I didn't do anything to her intentionally and I feel she is at least as much at fault as I am since she is the one who insisted we buy the house knowing she was having an affair for 5 months prior to us buying the house. We had enough to put 20% down but she wanted to update the home before we moved in so we used some of our down payment money to put in new flooring and paint.

My question is what will happen now? I will never pay her a dime even if that means I will go to jail. I am considering bankruptcy but not sure if that will help.

Any advice?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

johnny...while i was typing my response to your other post, you were posting this one above. please be patient. click below to see my response.

http://www.mortgagefit.com/know-how/about34017.html#147279

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My wife divorced me in 2008. As part of the decree she was to pay a credit card(that was under my name). She also stayed in our house and was responsible to pay all utilities( again all under my name). She didnt pay either and now I have creditors after me! She also was decreed to pay half of a payment we owed to the IRS(200.00 a month) so she refused to pay her 100.00 so I have been sending the full 200.00. NOW... she has filed her income tax using the two dependents that according to the divorce decree I shall use.(I had filed electronically so she did on paper and if the IRS rules in her favor I will owe more taxes). She clearly refuses to follow the divorce degree. Should I sue her? In your opinion do I stand a chance of winning? Any advice!!???

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

wouldn't you consider to be in contempt of the decree and therefore absolutely subject to some sort of punishment by the court? i'd think so.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

posting the same question again won't bring you better answers, NH.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My wife now x wife had a house that went to forclouser and she filed for bankruptcy and now the back is coming after me. i also pay child support that is over half my check and can i sue her for the 5,000 for bills and half of the 18,000 that i owe the bank

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cwbysings,

If you are still listed on the mortgage the bank will come after you to recover the outstanding balance on the loan. You are still responsible for the mortgage and all those debts which you co-borrowed or co-signed along with your ex-wife. However, since you both are jointly responsible for the debts, the responsibility should also be divided among both of you. You alone cannot be held responsible for the debts. Does the divorce decree state who should be responsible for which debt? Was your ex ordered by the judge to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the loan in her name? In that case, you will have a right to sue her for contempt of the court order.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

MY WIFE AND I are heading for divorce. We have nothing joint. For most periods of the marriage she has falsely used my name and social without my knowledge to create debts and not pay them. We also had 2 cars. I she sold without the title and the other she stole from my garage so I had it repossessed. She has opened credit cards and apartment renting and other stuff in my name without a power of attorney or my permission. She has now run away and relocated with my children. She also had a baby a few months ago and we been living together in the same house and I never knew she was pregnant. She gave/sold the baby for adoption without my knowledge. Mind you we are and still was married. I reported the matter but she told the investigators the baby was not mine. No papers have been filed yet. We are estranged but not legally seperated. What can I do legally in this situation?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome CRAIG,

You should immediately contact an attorney in this regard. He would go through the whole situation and let you know whether or not you can take legal actions against your wife in your regard.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi all in the same boat as you all are the only thing I know if your x got the house and your name is off the deed you can take it to the court and the judge will order the home to be sold. It's not a fix but its another step in ending the BS
Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

This is just my personal experience I had a nasty divorce with my ex. He was ordered to take me off from a loan that I co-signed on. He failed to do so. I contacted my Lawyer and was basically told I was SOL.

I then contacted the finance company. Sent them in copy's of the papers stating I was not responsible for the loan and that he was to have me removed from the loan. I talked reasonably and respectably to the loan company and they called me a few days later stating that it would no longer be a blemish on my credit report.

They have taken it off and I have not had a problem after that.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

It's really good to know that, Meekhan :-) Congratulations!

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My new husband is still on his ex wifes mortgage (the house they lived in), he signed over the title to her. Of course, now she is 6 months behind on payments and now has filed chapter 13. What, if anything, can we do at this point. I kind of wish I did not get married. What a mess. How long can this haunt us? We were planning on moving and buying a home, now his credit is ruined.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Candice!

Welcome to forums!

As the ex-wife has already filed bankruptcy, it won't be possible for your new husband to do anything now. He will have to wait till the bankruptcy filing gets discharged.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can I sue my wife for half of her lawsuit money. :evil: :?:

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I've said it before and I'll say it again:

Anybody can sue anybody else for any reason at any time. What are the chances that such a lawsuit will be effective? Who knows? All we can do is watch these capricious, frivolous lawsuits wend their way through the courts. Only a judge and/or jury can provide an outcome to a lawsuit.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Utility bills are on my name and we're not together no more. I'm homeless but she is using the utilities on my name. Can I shut it off without getting in trouble?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi PrinceLegend,

As far as I know, you can shut off the utilities that are in your name. On the other hand you can even ask her to get it transferred in her name so that she becomes liable for the payments.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

It's time for you to take the question to the utility company or companies, PL.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex has been delaying signing the divorce ppwk. She was living in our house with the kids but stopped paying the mortgage back in June 2009 (after she requested it be so with the family courts). it was ordered that she make those payments but failed to do so and thus the house foreclosed Dec 2011. She still won't sign the ppwk. What can I do to get this done quickly and as painlessly as possible. I was wondering if I could sue her for failing to make those payments?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Andy!

Welcome to forums!

You can contact an attorney and check out whether or not you can sue your ex for failing to make those payments. As far as signing the divorce paperwork is concerned, you should contact an attorney and take his help in this regard. He may let you know what tactics you can use to make her sign the deed.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I divorced my wife in 2008. She refinanced the house in her name in 2008. I recently recived papers stating I am being sued. I do not have anything to prove that the house was in her name except for a statment. Can I be sued? What should I do about this

Thanks!

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Keith!

Welcome to forums!

As nothing is in your name, the lender cannot sue you. Make sure that you clear this with the lender. If you have a statement saying that the property and the mortgage has been transferred to your wife, then you can even fax a copy of that document to the lender.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

think in many cases letting ex wifes or ex husbands get away with destroying your new life is wrong on every level,i disagree with mr akerley,if you do not sue them for justice then whats the point in the laws that protect us?I think people sue to often myself,but you are not asking for money you are asking for your life,and that is worth sueing for

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My son and exwife divorced last year .they were married for only a year.No children not home owners. She was left with everything in the flat the car he bought six months full rent or a year 50/50 .and half the monies in their joint account and £100 per month for the dog.He left with his personnel papers and two suit cases with his clothes. They are both in the theatre industry not top billing names.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Janis!

Welcome to the forums!

Well... I can understand your son's situation but what is your exact query? Kindly post your query in details so that it's easier for us to give you some kind of suggestion.

Feel free to ask if you've further queries.

Sussane

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