Man in Fla in jail, can current wife sell house? Can ex-wife claim proceeds for child support?
460289
Does the current wife own the house? If yes then of course, if he's the owner then he'll have to give her permission, but of course can still be done.  The state would only be able to collect what was owed, and since he was up to date that wouldn't be much that he's behind.
545826
I read the rest of your other question and you definitely need an attorney asap! Your attorney can find out who her attorney was by a click of the mouse. Your lawyer can put in an order to have EVERYTHING frozen until you guys go to probate court. It is a really long process it can take years sometimes, but he will be ordered not to do anything with any of her property or else he will have to answer to the court. Also, if he sells any property before any paperwork can be filed, your people can find it. We are going through a similar situation and the judge has seized everything from this family member and there is at least 36 million sitting in an escrow account waiting to be disbursed. They had bought houses and property for their own kids and they have tracked down every financial move she has made over the last several years. This has been in court for around 3 years now. No matter what type of property it is, probate court always takes time.
872121
Your story is very complicated i suggest that you see an AR lawyer specializing in estates.\nBelow is a brief outline of the law.\nThe property that each spouse brings into the marriage, that is, the property that s/he owned before the marriage, is considered to be "separate" or "non-marital" property. For the property to remain separate, the spouse must keep it apart from marital or community property; that is, s/he would keep it entirely in his/her name. Once the separate property has been commingled (mixed) with marital or community property, it becomes part of the marital property.\nFor example, consider a bank account with $10,000 in it owned by woman before her marriage. This woman then marries and both she and her husband regularly deposit their respective paychecks into the account and periodically withdraw money to pay for their living expenses. At the time of separation twenty years later, the bank account has $5,000 in it. Since marital property has gone into it (deposits of the paychecks and marital or community debts have been paid from it is impossible to trace the original separate property money from that of marital or community property. The result is that this bank account has changed from separate property to marital property.\nSome states, such as California, have a separate property rule that says that all property brought into the marriage, (including gifts and inheritance), that is kept separate and apart from community property remains the separate property of the spouse that owns it.
562186
I agree with RKRELL and in addition according to what you state in your question with regards to "Due to the fact that her lover told me he was arrested for possession of cocaine that he was going to give her for her birthday last month", I would say you definitely want to make your attorney aware of this. This being true it would seem to me this 'lover' could provide both testimony as to her personal habits of both drug use and adultery which in most states would at the very least afford you possible temporary custody of your sons.
984354
You can hold just about any type of property, including real estate, cars, stocks, and bank accounts, in joint tenancy with someone else. You can even hold property that doesn’t have documents of title in joint tenancy, as long as you show intent to do so and state law allows it.\n\nIf she wanted her son to be able to make deposits on her behalf, she could have added his name as a joint tenant of her bank account. Note that as a joint tenant, the son can make withdrawals and he automatically keeps the money in the account when she died -- even if the will states that all assets are to be distributed equally among the children. \n\nSince the organization was dissolved prior to her death, the funds revert to the the person who opened the CD.  If the Joint Tenancy was with a person/beneficiary, other than the dissolved organization, that person is entitled to the proceeds of the CD.  Otherwise, the CD belongs to her estate.
1109815
she can't personally but the courts can and will not only garnish your wages but u can also do jail time.  alimony is court ordered.  when the set the payment it is done based on your current financial situation.  your best bet is to get with an attorney and explain your situation and you have to prove that it is affecting you financially.  you will still face ridicule as to why you can't make payment.  either get a lower paying job or incorporate yourself.  if you get paid under your incorporated name then you can pay urself any dollar amount u want and your ex can only take so much of what you pay yourself.
949447
Yes it's enforceable.  The court will collect the fine and she can wind up in contempt if she continues to ignore it.  Your lawyer should stay on top of this as you should claim the marital assets (the home) if she continues to fail to comply.
441787
The two things are separate issues. The child support is for the child, not for your ex-wife and it has to be per the existing court order no matter what. Child support can be modified in Family Court. So, if your ex took off with your daughter and you did not know where to send support checks and she was not in touch with you or the court trying to get it, you could possibly have the retroactively modified in Family Court by filing a motion.\n\nYour ex is guilty of kidnapping. The same Family Court Judge can issue a bench warrant for her arrest that the DA has to act on if you file a motion. He is going to ask you why you didn't do this 7 years ago which is a pretty good question. Normally, the warrant in cases like this is satisfied by getting the child back into the state. Arrests are rare. Now, that your daughter is not a minor, probably nothing will be done.\n\nGet an attorney to help you file these things and argue before the judge.
138738
Seek court costs and interest.\n\nI made a mistake in my divorce and thought I had 6 months to sell or refi the home.  I only had 60 days.\n\nI had to pay my ex-wife a small amount of interest plus court costs on the $7K I had to give her from the home.\n\nSo the court can award interest, on top of what she owes if she continues to be late.\n\nIt doesn't hurt to ask the court to pay you for her mistakes.\n\nHTH
828270
Yes he can, provided he does not have any commitments under any other mortgage or secured loan.\n\nEven if he had a previous mortgage, provided he no longer has one, then he will be considered as a first time buyer.\n\nNo comments about the divorce - I see she got the house. I know that feeling only too well........\n\nWish him luck and I hope he makes a better choice next time.
795484
This is a sticky situation. First, I'm going to assume that your husband was on the original note and mortgage with his prior wife, therefore, he is obligated to make those payments when she does not, regardless of the divorce decree. It's crummy, I know. Sure, she can be held in contempt, but that really doesn't help you and your hubby out. My suggestion is this: Call the mortgage company that holds the note. Or rather, have your husband called. As he is on the note, he has a right to access any of the information. Have him explain the situation to the mortgage broker and find out what help they can offer him. Next, find an attorney that will sit down with you and find out what they suggest you do legally with the ex-wife. \n\nI can relate, as my divorce attorney suggested that all I needed to do was sign a quit claim deed to "remove" myself from the property. Luckily, working in the industry, I did know better, but it really bothers me that this is so common. Please keep us posted, I'll keep you and your hubby in my thoughts in the hopes that this works out for you.
944186
Laws governing property and spousal rights vary widely from one state to the next. Go see a lawyer. Initial consultations are usually free.\n\nWith that said, in many states it doesn't much matter whose name is on the mortgage. Assets acquired while a couple is married are generally considered to be jointly held. And so, a wife who moves out nonetheless has a property interest in the house whether she co-signed the mortgage or not. The same is true for any other property and investments.\n\nIt will behoove you (especially if there are children involved) to not be guided by what any of the folks here are saying (including myself). Call a local lawyer who will help you to keep a share of what is rightfully half yours.
903411
I think Prisons have free divorce help, he needs to ask. If not, the papers are free on line. With no children, and no assets, he should have no problem filing as a low income person in the state, or one of the counties he is incarcerated in. Just needs to check on the computer for prices in each county.
1005704
He doesn't.  The quitclaim deed simply states that the grantor releases any claim to the property.  He'd get that one of two ways in the circumstances you mentioned.  Either his ex-wife quitclaimed her right to the property as part of the divorce settlement or possibly the lien holder quitclaimed their right to the property when the lien was satisfied -- or possibly both.\n\nHe needs to look at the deed that was given when he and his ex-wife purchased the property.  Commonly that would have been a warranty deed and is still valid.  His ex-wife's quitclaim gives him full legal title to the property.\n\nhttp://en.wikipedia.org/wiki/Warranty_deed\n\nhttp://en.wikipedia.org/wiki/Quitclaim_deed\n\nIf the original seller gave them a quitclaim deed, there's probably no way now to force them to provide a warranty deed; it should have been structured that way when they originally closed on the property.
501374
Go to the bail bonds man?\n\nApproach the prosecutor?\n\nI have no idea, really, but kinda wondering why you want to send the relative back to jail. Is he/she breaking the law again? If so, contact the prosecutor, cause you can lose whatever you gave as the bond. Whether it is just money, OR a piece of physical property, i.e. your house.
375717
NO children involved? Does she expect alimony? Does he expect alimony..if answers to all are no, then file and do it yourself. You will have to pay the Sheriff to serve the papers. IF there is shared property, most states will force a sale and a split of 50-50 of all assets. Good luck
109740
you really need to talk to a lawyer about this . the laws very from state to state . for instance , in some states your situation would have been considered a "common law" marriage . in which case ,you might not be able to sue her . It would be the equivelant of suing your wife . but this may not be true in your state or locality . and because "common law" marriage laws vary so much from state to state as well as real estate laws . talking to a  real estate lawyer from your state , will be more helpful .