Owed money from mortgage payment after I moved out

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Owed money from mortgage payment after I moved out

Unread postby dms180 » Mon Apr 17, 2017 11:59 pm

Here's my situation. I moved out of my home in Mid-August 2016. I have not lived in the home, nor have I used the home at all. I have continued to pay 100% of the mortgage, insurance, taxes, etc. I never missed a payment nor did I withhold any money for the mortgage to be paid. My Ex has had full access to the bank accounts also. My question is (I live in CA) since I haven't lived in the home for the past 8 months, am I owed half of the mortgage payment from August to now? My attorney says yes, but I have also read that Judges use this ruling at their discretion and can void it due to the fact my Ex did not work during the marriage (Giving her the excuse she has no means to pay me). If anyone has specific case law that supports this, please share.

Thank you.
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Re: Owed money from mortgage payment after I moved out

Unread postby Jesus Christ » Tue Apr 18, 2017 12:02 am

Move back in. It's your only recourse. Any kids?
People get the justice they can afford.
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Re: Owed money from mortgage payment after I moved out

Unread postby JimRockford » Tue Apr 18, 2017 12:33 am

You have an attorney, yet you have been out of the house sine August, 2016 and your ex or is that stbx still has full access to all of your bank accounts? What you are talking about are called Watts credits and you can get them. However, it is at a judge's discretion and from what I have been told, they are not awarded too often, and only when you have been out of the house for a long long time, I don't recall them being predicated upon whether or not she ever worked.

Please do tell us more about your situation, as the more information you provide, the better we can help you:

1. How long married?
2. Are there any children?

Other than your question, what do you want to achieve? From what you have stated so far, I'm worried that you are going to be stuck for a long long time paying for that house with no way to get her out and move on with your life.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
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Re: Owed money from mortgage payment after I moved out

Unread postby dms180 » Tue Apr 18, 2017 4:51 am

Our bank account was split per the Judge last week. All four vehicles split. I didn't remove any money until it was determined I could. I removed half of the money, switched my direct deposit and opened a new account. I have two kids, 12 and 9. The terrible, biased mediator (for the kids) allowed me a total of 23 hours with the kids per week with no overnights. The order to sell the home was filed yesterday.
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Re: Owed money from mortgage payment after I moved out

Unread postby Fatheroffour » Tue Apr 18, 2017 5:43 am

Why did you move out?
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Re: Owed money from mortgage payment after I moved out

Unread postby Trevor » Tue Apr 18, 2017 6:56 am

dms180 wrote:I have two kids, 12 and 9. The terrible, biased mediator (for the kids) allowed me a total of 23 hours with the kids per week with no overnights.

There must be a story behind this.

Did you sign a settlement to this effect?
Have you been living in a penitentiary since you "moved out"?
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Re: Owed money from mortgage payment after I moved out

Unread postby CentralORdad » Tue Apr 18, 2017 10:30 am

Holy < feces >! You dont get a single overnight with your kid? A felon would get more time than you. And you are worried about the mortgage?

What the hell happened that you allowed 0 overnights with your 2 kids??? Lets focus on THAT.

Move back into YOUR house. Fire your attorney and get a new one.
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Re: Owed money from mortgage payment after I moved out

Unread postby a dad » Tue Apr 18, 2017 10:43 am

dms180 wrote:The terrible, biased mediator (for the kids) allowed me a total of 23 hours with the kids per week with no overnights.

Mediators don't rule, nor make court orders.

You agreed to it.
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Re: Owed money from mortgage payment after I moved out

Unread postby dms180 » Tue Apr 18, 2017 8:26 pm

I have been seeing my kids one day a week for months. Once it made to court, I requested every other weekend. She refused and it went to a mediator. The mediator was ridiculously biased. He actually told me that I shouldn't move to a location which I planned on buying a new home with my girlfriend. He suggested Thursdays and Saturdays with the caveat that my kids get introduced with my girlfriend (which they have and absolutely loved her). We made another mediation re-visit for the end of next month. Based on what I have seen in the court I don't have much faith in the system. If he doesn't give me what I want (every other weekend) I am taking it to the Judge. Getting every other weekend (alone) will drop my child support by $800-$1000.

Also, anyone know where I should post a question regarding parental alienation?
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Re: Owed money from mortgage payment after I moved out

Unread postby MonkeySee » Tue Apr 18, 2017 9:01 pm

It's almost every mistake possible in one post.
Mom, stepmom, and grandma in OH.
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