My husband and his ex wife have a divorce decree which states he is to be the exclusive resident in their marital home. He was supposed to buy her out by Jan 2017 and if he did not they were supposed to seek mediation to determine what to do with the property he had been paying for the mortgage for the past 3 years neither of them filed for mediation. She is now trying to evict him and myself. there is a court date set. what can we show the court to stay the eviction? what else should we do?
1 Answer from Attorneys
Is the ex-wife on the mortgage? Is there equity in the property? What is her claim? Did you try to refinance? Are you still paying the mortgage in a timely fashion? Was there a provision of the divorce decree that allowed for the eviction?