Alright; short version:
Wife and I are on title to home, been divorced 1 year, separated 2. She got care and control of the property in settlement, I pay half of the costs until it sells. I deduct her half of utilities from my half of the mortgage payment, mail it, made out to her with XXXmonthXXX's mortgage payment.
She decided to move and has not been keeping up the property as agreed. She allowed renters to live there and kept it a secret from me until I kicked them out(I live 2 states away now). There was no paperwork exchanged that I know of, so I have no hard proof.
She tells me she lost her job after moving to another city and hasn't been able to find any work in 4 months except babysitting. She is college-educated and has had very respectable jobs before.
She tells me she has nothing left because she sold everything and has no money. I do not believe this, as I know she has assets.
Anyway, back to the house: I call the mortgage company today and am told she has not sent our mortgage payment in this month or for last (BUT has cashed my checks I've been sending her) and if last month's balance isn't paid n full by the end of this month, OUR credit will suffer, and if we don't pay next month, it will go into preforclosure. I cannot afford to pay an entire month's payment (much less 3), as the divorce has left me in serious debt and essentially drowning a slow death financially, because of the house that won't sell.
The divorce decree states she is subject to being held in contempt resulting in jail time or community service or a fine. Also, according to our settlement, she owes me $10k, and all the equity in the house is mine.
SO, now I've told the realtors to DUMP the house, at a majorly substantial hit to me. (If anyone wants a great deal on a house near Savannah/Hilton Head, email me) Also, there's no way I think I'll be able to collect the $10k, and she casually mentioned filing bankruptcy (which I don't think she'll actually do).
I don't know where to begin. How soon can I file a suit against her for abandonment of interest? Could I ever collect the money she owes me if she files bankruptcy? This is in Beaufort County, S.C. What about cashing my checks and spending them instead of sending my payment to the mortgage company? HELP!!!!!
Wife and I are on title to home, been divorced 1 year, separated 2. She got care and control of the property in settlement, I pay half of the costs until it sells. I deduct her half of utilities from my half of the mortgage payment, mail it, made out to her with XXXmonthXXX's mortgage payment.
She decided to move and has not been keeping up the property as agreed. She allowed renters to live there and kept it a secret from me until I kicked them out(I live 2 states away now). There was no paperwork exchanged that I know of, so I have no hard proof.
She tells me she lost her job after moving to another city and hasn't been able to find any work in 4 months except babysitting. She is college-educated and has had very respectable jobs before.
She tells me she has nothing left because she sold everything and has no money. I do not believe this, as I know she has assets.
Anyway, back to the house: I call the mortgage company today and am told she has not sent our mortgage payment in this month or for last (BUT has cashed my checks I've been sending her) and if last month's balance isn't paid n full by the end of this month, OUR credit will suffer, and if we don't pay next month, it will go into preforclosure. I cannot afford to pay an entire month's payment (much less 3), as the divorce has left me in serious debt and essentially drowning a slow death financially, because of the house that won't sell.
The divorce decree states she is subject to being held in contempt resulting in jail time or community service or a fine. Also, according to our settlement, she owes me $10k, and all the equity in the house is mine.
SO, now I've told the realtors to DUMP the house, at a majorly substantial hit to me. (If anyone wants a great deal on a house near Savannah/Hilton Head, email me) Also, there's no way I think I'll be able to collect the $10k, and she casually mentioned filing bankruptcy (which I don't think she'll actually do).
I don't know where to begin. How soon can I file a suit against her for abandonment of interest? Could I ever collect the money she owes me if she files bankruptcy? This is in Beaufort County, S.C. What about cashing my checks and spending them instead of sending my payment to the mortgage company? HELP!!!!!
