Ex-spouse filed during family court case, house issue never resolved…
My ex-hubby filed for bankruptcy in the middle of our family court case, and then as the issues were being wrapped up and dealt with he released his lawyer and self-represented (but never showed up to any of the remaining court dates) and therefore the issue of the family home was never dealt with. I got a letter from his trustee during that time saying they want his share of the house ($32000) and that was it. As of now, March 2014, I have remarried and live in the house still with my daughter and husband and the mortgage is up for renewal in August. I need to stay here for one more year as my husband finishes school and then I am more than happy to sell. Can I go to the bank that I hold the mortgage with and have it switched over to me and my new hubby for the year? When I am ready to sell, do I have to notify the trustee? As far as I know, his bankruptcy was never closed off or released. Why is it legal for someone to be able to do such a thing during a family court case? This really mucks things up for the other party and should be illegal. I really hope you can help. I am so confused.
Your ex’s trustee should have filed a lien against the property, in which case, you will not be able to remortgage the property.
You have to deal with the trustee on the house.
You can negotiate a deal with him so you can own the house.