ok heres the story. our home burnt about 3 months ago. well my husbands exwife is currently on the mortgage and we had been trying to get the home refinanced as it states in the divorce decree and now that the home burnt she wants the insurance company to cash out on the home which means we have to pay off the current mortgage which leaves us with no money to replace any of our contents, no place to live.she even agreed to let us have the insurance company replace the home then we refinance it that way it will top out at top dollar. well now she wants us to go to court and then try to get the courts to order the insurance company to cash out the home and make us pay it off. in cases like this does the court normally honor what she would want or will they take into consideration that we have no place else to live cause of this tragedy and especially us having 4 kids in the home? please help! we dont know what to do. p.s. she is refusing to sign the quit claim deed and we cant get the land in our name unless she signs that so that makes us unable to get the house refinanced. we are located in northern indiana.
we already have a attourney for this issue.
we already have a attourney for this issue.
in the divorce decree it is clearly stated that she is not allowed to claim anything from the home or property. and we have to take care of everything. we have been making the housepayments and all that ourselves.
since l am being told by everyone on here that we are screwed and shes still on the mortgage can we get her for half of everything weve paid...like house payments, insurance, taxes...etc that weve had to pay? people are saying that shes still part owner so it seems like she is responsible for half of everything.

No easy to this dilemma. l am sorry. But you really need an attorney to help you.

l have no legal advice but hopefully the courts will take into consideration that 4 kids are involved.

Yes, take her to court.you have literally got nothing to lose by doing so.

Get a good attorney, & get some guarantees before u pay his retainer: will he work for u & ur family--or will he only promise to uphold the divorce decree & the insurance company is claims? Call ur insurance company right away & tell them what is happening also. l do not understand why the home would be more expensive if the insurance company replaced it--it has to replace the house at the same value--not higher.

Your husband made a VERY bad decision in allowing a divorce to be finalized without the ex-wife quit claiming her name off the home and refinancing as a condition in the divorce. Any lawyer that does not require that one spouse quit claim so that the other spouse fully owns the house is extremely sleazy in my book.

You're probably in for a good legal battle here since she technically still owns half of the house.

And you will NEED a good attorney. Your husband made a serious error in NOT insisting on a quit claim deed and a refinance at the time of the divorce. The ex-wife still has ownership in the property.

The courts will decide according to the laws. Frankly, the ex-wife has you and your husband 'over the barrel', so to speak.

You have a serious legal issue and need to be speaking with your lawyer.