Anyone know rights

Still getting a divorce, moved into an apt and out of the family house. Need a few questions answered before I finally seek $$$$$$$$counsel! The wifes step father served me papers many months ago but also took it upon his great self to change all locks in my house before I was served. Can he do that, being a part of the case? Washington state. Also I am the main borrower on the mrtg still and she is falling behind, could I move back in if I wanted to, to protect my assets?

by rossy 15 Posts
Posted on 4/24/2008 5:26 PM

Get Alerts!

send to friend

0	Flag item :: Why are you flagging item: Submit \| Cancel

Tags:

Answers for "Anyone know rights" (5) (You must be logged in to answer)

her father isn't part of the case, only you and your soon to be ex wife - you two can't serve each other - any other adult over 18, can.

I couldn't tell you if she is doing it intetionally, if you are the only name on the mortgage, that is a possiblilty because it hurts your credit - not hers - if she is on it too, then she is probably just struggling financially.

by spaznskitz 3855 Posts
Posted on 4/28/2008 2:29 AM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

It's my understanding that someone who is involved within the divorce cannot serve papers? Please verify as I have read and been told differently but wanted to clearify. Not argueing but wanting to know my rights as the mortgage is behind, going probably to forclosure and both of us will be hurt more in the long run. Could she be doing this intentionally? Does she have anything to gain?

by rossy 15 Posts
Posted on 4/27/2008 10:36 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

i believe that is considered ABANDONMENTsince u moved out without anything in writing--at least in Virginia it is...moving back in??? i doubt it especially since she had separation papers served to you..

by karomelkitty 30 Posts
Posted on 4/26/2008 10:08 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

the house is a marital asset - HOWEVER

Did you also move out before the papers were served and before the locks were changed? If so, you pretty much surrendured the house to her and that means you can't move back in - even if you are on the mortgage. All you can do to protect yourself is pay the mortgage yourself.

And as far as the locks - he had proxie permission from your wife - he just acted as the locksmith - so yes, he can. You had to be served by an adult, other than your spouse - he took on the job, and apparently took great joy in doing it.

I'm a family law attorney

by spaznskitz 3855 Posts
Posted on 4/25/2008 9:43 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

I dont know washington state, but in Florida, if you are on the deed, you have ever right to be in the house - same as them.... Suspect it is the same. Talk to a lawyer - a house is worth it!

by jackson 661 Posts
Posted on 4/24/2008 8:23 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.

Anyone know rights

help you budget and plan

definitions from "alimony" to "writ of execution"

divorce, custody and child support links by state

get help now

Community :: Money matters :: Answers

Anyone know rights

help you budget and plan

definitions from "alimony" to "writ of execution"

divorce, custody and child support links by state

get help now