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The XH is violating the terms of our divorce order.<p>- he was supposed to pay 50% of our 2000 property taxes, has not done so (not a penny) and now I'm getting a Notice of Forfeiture ... we will lose our land if he does not pay by 2/28<p>- he was supposed to pay 100% of our 2001 property taxes ... obviously not a penny there either<p>- he was supposed to maintain the property and has not cut a single blade grass ... making it worth less to sell now, and <p>- he was supposed to get financing to pay me 1/2 of our marital debts, all in my name, and 1/2 of the value of the land so that he could keep it *OR* if he didn't get financed, to list the property for sale ... have no proof of him trying to get financed, or of him contacting a realtor ... just his word, which means NOTHING<p>I am suspicious that he may be letting the land go into forfeiture so that I won't see any of my money!! I know the 'order' says he must still pay me, but what's a piece of paper worth?<p>I am anxious that I may have to get an attorney and go back to court, only to have them restate what the order says, "X you must pay this amount and court costs" and yet again I will get nothing - we already have an order stating he HAS to pay and he hasn't! Is another piece of paper going to make that much difference?!<p>Had to vent ... disgusted to think someone would throw away their own interest in a piece of property just to be sure that their X didn't see a penny from it ...<p>He's supposed to pay other things he hasn't, and provide medical insurance for the kids, and more ... just plain aggravation.<p>[ March 05, 2002: Message edited by: Princess Buttercup ]</p>
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pbc,<p>I know what you mean about the court orders. Seems if they choose to pay it they can and if not , oh well. Is there anyway you could pay the amount owed on the property, maybe by him not paying it would cause him to forfeit his interest in it. Not sure if that would work, just a suggestion. I was supposed to get back half of our savings account by a certain date. I let the date go by cause we were reconciling, but now we are getting divorced and im out 3000 dollars, so I can relate. I suppose you could go back to court, but like you said, the bills would just add up, wonder if they can garnish his pay for the amount. Worth looking into. <p>Rosita
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pbc,<p>What state do you live in ?
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Michigan.<p>He gave me $10 tonight toward the kids' medical expenses. I guess that is supposed to make me happy?<p>He also had a stack of papers he wanted me to sign that were supposed to be from the realtor, so it sounds like he actually did contact one. I said I wasn't going to just stand there and sign, I wanted to read everything. He accused me of 'wanting to drag this out' and said he would have to get copies because he was NOT going to let me take the originals. Brought up an OLD issue of some missing paperwork and an opportunity to accuse me once again. Boy he is annoying.<p>I'm still going to pursue buying the property ... and what I can do about the divorce order defiance.
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Guess I'm going back to court ... I found out from the realtor that XH talked to, that he wanted to ask $70K for the property ... and he accuses ME of wanting to drag things out?? This is a buyers market, not a sellers market, and it certainly isn't going to sell for $20K more than it was appraised for last summer!!<p>So I'm going to see if I can get a new appraisal done and only have to pay him 50% of the new value, less the marital debts he owes me since all the bills were/are in my name.<p>I think he will not be pleased if this goes my way.
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Stay strong.<p>Remember, you're the one thinking clearly right now, so stick with your instincts and do what needs to be done.<p>All of the legal stuff and paper work is a pain - you'd think it would wake up the WH's at least a little bit. I'm not looking forward to it myself. My WH thinks it's all going to be quick, simple and easy. Not!<p>Good luck in court. I guess if the WH does not uphold the committment of marriage then other duties - like court orders - can't hold very much water either.<p>Sounds like you're doing all the right thinks. K
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Well, cr*ppy.<p>Had an appointment with Legal Aid.<p>It seems that the judgement was so written (by his attorney, go figure) that I cannot do much of anything about it.<p>He still hasn't paid the 2000 property taxes. I was advised to do it myself to avoid forfeiture. He hasn't paid any of 2001 either, and he is supposed to pay ALL of that.<p>I was advised to not sign the quit claim deed over to him until I got my money (of course).<p>I was advised to go ahead with listing the property even though it WON'T SELL at the price he's demanding.<p>So I keep paying my 1/2 of the property taxes, and HIS 1/2 of the property taxes, indefinitely, and see no money.<p>I am kicked in the gut, but still on my feet.
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That really is the pitts. Keep in touch with Legal Aid and try to follow their advice. Another thing that comes to mind is small claims court. It is only something like 50 bucks to file a claim, and the judge there can order a judgement so you can garnish his wages. The only thing is that it has it's limits. I think 5000. It is a shot though if you think you won't get any from anywhere else.
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Well, I made a written offer and gave it to him, but no response yet. The offer is significantly less than what he feels he is owed, but it's a lot more money than he's going to see for a long time if we go ahead with listing, so ... we'll see what happens. Probably nothing.<p>If he doesn't pay the delinquent property taxes by 2/25 I'll have to make that money appear somehow (proabably borrow from family until my return comes back, ugh) and pay HIS debt myself. This is a lot of rot.<p>The very regular (taken from his paycheck) child support payments have abruptly stopped. I assume he lost another job, although no one will tell me anything.
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PBC, My g/f is going thru the same thing with her x. CS stopped back in Nov and he told her that business is bad and he is not taking a paycheck now. He recently told her he is going to Mexico for 3 weeks "for work." She said when they were married he never took those kind of trips unless sailing was involved.<p>He has also stiffed her on money for their son's braces. She knew that would probably happen and had it written into the agreement that if everything was paid up by end of year, he couldn't claim one of the kids. So she notified their accountant that she would be claiming both boys this year(and probably the future.)
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One other thing Legal Aid recommended was to put a lien on the property for the amount I am due when it sells ($36K). Apparently I get my money directly that way?<p>Does anyone know about liens? I was told to take my divorce judgement to the Register of Deeds. When I called them, they said I should have my attorney do the paperwork. Well, I don't *have* an attorney - Legal Aid made it sound like something I should have no problem doing myself.<p>Another lien question - if he neglects to pay the delinquent property taxes, and the land is forfeited and sold at auction, will I still get my $36K? (Concerned about this as my name is also on the title to the property, I don't want to lose my interest in the real estate so I will probably have to pay his half.)<p>If anyone has put a lien on property due to similar circumstances, PLEASE email me with any tips. I am anxious to get my @$$ covered since he seems not to care.<p>buttercuploveswestley@yahoo.com
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(in my best sicky sinus infection stuffed-up nose impersonation of Ben Stein's voice)<p>Anyone? ... Anyone?
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Princess,<p>All the lien law is..that when it sells, they get whats owed them from the sale of the property before anyone else gets any money...<p>if you have the money to pay the taxes..it would be in your best interest to do so..and you can look into filing your own lien against him on the sale of the property..you can check under construction lien laws on that..if you need a copy of a basic 'notice to owner' I should have one around here I could type up and e-mail you..you fill it out..with the pertitant information..and have it notorized..and mail it to him...certified return reciept requested.. <p>A notice to owner is simply a notice to the owner/owners of the property saying they owe you x amount of money..and if they refuse to pay then you will put a lien against the property when it sells you will be paid first...<p>Just so that you know...
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PB-<p>Exactly correct on the quit-claim....don't sign it unless he hands you cool hard cash. I think the property lein is probably a good idea too...it'll HAVE to be cleared before the property can be transferred. Also, the small claims court thing is an interesting idea... It's true that there is a limit on damages (depending upon state law), BUT that limit (I believe) applies to EACH AND EVERY ACTION. So you can claim up to the max for the 2000 taxes, the 2001 taxes, the 2002 taxes.... (and for him generally being a turd) [img]images/icons/grin.gif" border="0[/img] <p>Make absolutely sure you document your transactions if you pay the taxes yourself (like a certified check or something like that).<p>You're probably right though, it sounds like you might have to go back to court to kick his deadbeat butt. Be sure to check on making him pay your legal expenses as part of your claim.<p>Good luck. K
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UPDATE-<p>Going back to Legal Aid this week for help with the lien (yay!) and to see if I can buy him out for the same deal he was going to buy me out for ... he won't agree to it, so it would have to be a court order ... please wish me luck!!
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