Q: My son got a divorce over 4 years ago, she was awarded the house with the stipulation she had the mortgage in her name
And out of my sons, (which the loan was in just his name, but property in both) before the end of the first year and if not it would have to be sold. After 4 years she never got it out of his name claiming she couldn't get a loan. Which caused him not to be able to get a loan on a house for him and his now new family. Now she is getting remarried and moving out and has purchased a new home with her soon to be husband. He plans on moving back into it and trying to get it fixed back up to be able to sale and make a little profit to help him with a down payment on one for him and his family. Ex wife is saying he can't because the divorce papers says it has to be sold, even though she lived in it all this time and it wasn't sold. He knows if there is a profit from the sale he has to split it with her, but he wants to move back in to fix back up to help make a little, because now it won't break even. Does he have the right to move in since she is leaving it
A: This can't be answered accurately without a complete review of the final decree of divorce. However, in my experience it would be very rare to include the rights and remedies you describe. If the house was "awarded to her," it is hers. If she was required to refinance within a time period, your son had the right to take her back to court to enforce the decree. If the failure to refinance truly caused bad things for him, she might have been required to pay him, or the Judge could have done something to reimburse him. However, it sounds like the situation has gone on so long, that those remedies may be lost. Consult an experienced divorce lawyer for specific advice asap.
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