QUESTION
Is it unlawful to pay someone’s mortgage without asking them or them knowing?
Asked on Feb 08th, 2014 on Divorce - Florida
More details to this question:
Ex spouse won't get out of house because his dad paid off the house. It is not in his name. It is in mine and daughters.
10 ANSWERS
Not enough facts. Was house purchased during marriage? How long was the marriage? Is payment from relative intended to be a gift?
Answered on Feb 13th, 2014 at 3:19 PM
If someone paid the mortgage/note for you, then bravo. If the home is your home and not the home of your ex spouse, have him evicted through a landlord/tenant action.
Answered on Feb 12th, 2014 at 4:27 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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In that case, you can go to court and get an order to have him move.
Answered on Feb 12th, 2014 at 4:27 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It does not matter who paid off the house or why. Your Ex spouse is subject to a Court order. What does the judgment of divorce say about him living in the house? If nothing you might be able to treat him as a tenant and give him a 30 day notice to quit and then file sue him to evict him as if you are his landlord (which you are). The question is whether the daughter is a minor and if he has custody you might not be able to kick him out then.
Answered on Feb 12th, 2014 at 4:27 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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It is not unlawful to pay someone's mortgage. However, that fact does not give your ex-husband any additional rights to reside in the home. You can assert your rights through an eviction. An experienced attorney should also review any divorce judgment that may relate to the property.
Answered on Feb 12th, 2014 at 4:26 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You really should consult with an experienced attorney in your area to review these facts. It sounds as if you were awarded the house in the dissolution, or that you had the title to the house solely in your name prior to the dissolution. Depending on how this was handled in the dissolution, you may be required to deal with this situation in the civil court, by filing an action to clear the title to the house, or partition the house through legal action. You do not provide sufficient information for a thorough analysis of your situation, so do yourself a favor and consult with an attorney. When you do bring your dissolution decree, and all the documents you have that pertain to the house.
Answered on Feb 12th, 2014 at 4:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Then you need to file an eviction action against him. He has no legal right to be there. You may have to pay him back, but that should have nothing to do with his occupancy. I think you probably need to get a local attorney involved because this sounds like it will be a mess.
Answered on Feb 12th, 2014 at 4:26 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It doesn't matter who paid the mortgage. If the house is in your name, it is yours.
Answered on Feb 12th, 2014 at 4:25 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Seems like an issue that you may be able to request relief in your divorce case. Typically ownership doesn't transfer until the divorce is completed.
Answered on Feb 12th, 2014 at 4:25 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If police will not evict him file a motion with the divorce court.
Answered on Feb 12th, 2014 at 4:24 PM