Legal Question in Family Law in Missouri
Back in 1995, my boyfriend and I bought a single wide mobile home. The home itself was financed in house by Coachman Homes because we couldn�t get a home loan. The purchase contract was only put in his name. We were married in 1998. My name was never added to the home. A few years later, we filed for chapter 7. We were told that we should only owe about $1200 on the home after the chapter 7 was finished. During that time Coachman Homes also filed for bankruptcy. They never contacted us after our chapter 7 was complete. To this day, they have never attempted to collect money or repossess the home. We did receive a letter from Coachman a few years ago. They still hold the title to the home and they say that $5000 is still owed on the home.
The home is located in a mobile home park. Both of our names are on the pad rent lease.
We divorced over a year ago. Both of our names are still on the pad rent. I am still living in the mobile home with our kids. My name was never put on the title of the home. Our divorce paper states that we will sell the home and split the profit. My ex refuses to cooperate. He says that he does not want the house. I plan on moving out within a month or two. Since my name is not on the title of the home, but it is on the rent lease, what are my options regarding the home and the lease. What can I do with the home? How do I get out of the rent lease?
Could you please help me or point me in the right direction. I need to get out from under this house.
2 Answers from Attorneys
You are probably not liable for the $5000, if you weren't on the loan. If you gel that the mobile home isn't worth more, than $5000, that is to your advantage. As for the lot tent, the lease will determine your liability, regardless of your ownership of the trailer. You should consult directly with a civil practice attorney, in your area, to read your lease agreement and advise you as to your exit options. You might also have them e examine the documents regarding the trailer loan.
Good luck
You need to meet with an attorney who us experienced with the complexities of bankruptcy law.
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