My wife and I purchased a duplex in Oregon in February of 2001 and it was in her name only, but we shared in all the expenses related to the property. We later separated, but not legally and decided to sell the duplex. I borrowed $25,000 from my father to remodel the duplex and I provided all the labor, the duplex would not have sold unless it was fixed up.
Prior to me spending the money and performing the work, my wife signed a written agreement to pay me back the $25,000 when the duplex was sold. The duplex was sold in October of 2002 and my wife paid me the $25,000. I used the $25,000 which was mine to purchase my new home and made payments to my father on the loan. The total profit my wife received when she sold the duplex was $40,000 minus the $25,000 to me.
We were later legally separated and then divorced, when this was done the divorce papers stated the house that I purchased in 2002 was solely mine and she had no claim to it and she agreed.
On May 10th of 2006 my ex-wife filed for chapter 7 bankruptcy and at her creditors hearing she told the Trustee that she gave me $25,000 when she sold the duplex for work that I had done on the duplex. She did not tell Trustee we had a written agreement. I later explained this to the attorney for the Trustee.
On May 6th of 2008 I got legal papers from the Trustees attorney. He is trying to include my house in her bankruptcy claiming I had no right to the $25,000, as the duplex was in her name only and that I invested the money for her in my new home and kept her name off the title, this is not true and my ex-wife agrees with me on this, as she has no interest in my new home and never spent a cent on it. This attorney is willfully being untruthful, as he knows that the tape-recorded creditors hearing proves my ex-wife never said anything close to what he claims and should be criminal for him to state otherwise.
The papers I received say COMPLAINT TO DECLARE EXPRESS TRUST, OR, IN THE ALTERNATIVE TO IMPOSE CONTRUSTIVE TRUST; SALE OF JOINTLY –OWNED PROPERTY. I have 30 days to file an answer or motion.
I have been disabled for the last 2 years and only make $700 to $1,000 per month and have very little money in savings. I am unable to borrow any money on my home at this time, due to the shape it's in. Please advise me of any and all options, as I don't wish to become another statistic, "Meaning" I don't want the feds to put a bullet in me and take my home.
Prior to me spending the money and performing the work, my wife signed a written agreement to pay me back the $25,000 when the duplex was sold. The duplex was sold in October of 2002 and my wife paid me the $25,000. I used the $25,000 which was mine to purchase my new home and made payments to my father on the loan. The total profit my wife received when she sold the duplex was $40,000 minus the $25,000 to me.
We were later legally separated and then divorced, when this was done the divorce papers stated the house that I purchased in 2002 was solely mine and she had no claim to it and she agreed.
On May 10th of 2006 my ex-wife filed for chapter 7 bankruptcy and at her creditors hearing she told the Trustee that she gave me $25,000 when she sold the duplex for work that I had done on the duplex. She did not tell Trustee we had a written agreement. I later explained this to the attorney for the Trustee.
On May 6th of 2008 I got legal papers from the Trustees attorney. He is trying to include my house in her bankruptcy claiming I had no right to the $25,000, as the duplex was in her name only and that I invested the money for her in my new home and kept her name off the title, this is not true and my ex-wife agrees with me on this, as she has no interest in my new home and never spent a cent on it. This attorney is willfully being untruthful, as he knows that the tape-recorded creditors hearing proves my ex-wife never said anything close to what he claims and should be criminal for him to state otherwise.
The papers I received say COMPLAINT TO DECLARE EXPRESS TRUST, OR, IN THE ALTERNATIVE TO IMPOSE CONTRUSTIVE TRUST; SALE OF JOINTLY –OWNED PROPERTY. I have 30 days to file an answer or motion.
I have been disabled for the last 2 years and only make $700 to $1,000 per month and have very little money in savings. I am unable to borrow any money on my home at this time, due to the shape it's in. Please advise me of any and all options, as I don't wish to become another statistic, "Meaning" I don't want the feds to put a bullet in me and take my home.
