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I got our house in the divorce, but could not afford it, We agreed he would take it, IF we could co-parent iambically. We did for 7 years then he got a girl friend and shut me out of our kids life. Now I want the house back so I can see my kids. Its still in my name. He has made the payments.
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The property and the children are two different matters. The divorce decree governs on both issues, but you will notice that the house is in one seciton fo the decree and the children are in a totally different section.
If you got the house in the decree, the house is yours. A later agreement about the house is not enforceable. He would need to file some type of modification to change the propery division concerning the house.
As to your possession and access to the children, that should be enforced through a suit to enforce access and possession. It's a totally separate issue than the house. If your ex-husband has engaged in parental alienation, that should be addressed with the Court as well.
Answered on Sep 28th, 2016 at 7:22 AM
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