QUESTION
How to amend a divoroce to decree because house was left off decree?
Asked on May 28th, 2014 on Divorce - Nevada
More details to this question:
So we had short sell going last summer thru fall but FHA disapproved because we weren't in the red together income vs debt so we went with option 2 per realtor where he signed the house title to me at TICOR but I was told by realtor he would still be financially responsible. He just didnt have say on what i did with the home and that way with only my income it will be in the red for my income vs debt and we hope that would do it. Well we did the title sign over and all and resubmitted short sell packet. Bank is stating the decree has to also state the house is under only me. Is there a form/way to amend the decree to show i have the title but we both equally have financial responsibility? Or is there only one way to amend a decree, with the house under one or split financially? if so what forms do i fill out for either option. I was going to go to the self help center and do it my self.
1 ANSWER
Your question is a bit confusing, and the information you have may not be correct. Frankly, the bank should not care what "the decree says." THey may be concerned with title, and ownership, and whose name is on the mortgage, but the decree itself should be irrelevant. Make sure you know exactly what they are saying they need, and why; there may be a simpler way of accomplishing it.
That said, it is possible to amend a decree, based on several possibilities, with different timing. If the mistake can be considered "clerical" it can be corrected "at any time." If the assertion is that there was negligence, fraud, etc., there may be a six-month time limit. For details, see the article entitled "Partition Actions and Fraud Upon the Court" posted at http://willicklawgroup.com/published-works/.
Answered on May 29th, 2014 at 11:45 AM