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Old 06-06-2005, 12:03 PM
Goober Goober is offline
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Default (IN IOWA) What rights do I have left.....

My spouse and I agreed on the split of personal property in our divorce and she would live in the house till the last of our children graduated from school and then the house would be sold with a equal split of the sale, we each pay half of the remaining mortgage, half of the property taxes,insurance and major property maintenance. We also agreed that I would be able to have access to the garage and barn to keep my personal property till I had a place to go with it.
She has now started pushing the issue for me to move my stuff out, since I now have a place to go with she says and has on a couple occasions taking her new friend in the garage and went thru my property.
My question is do I have the right to secure part of the garage where my property is . Also could I charge her friend rent for living in the house and use of garage when I move my property out, and could I legally sell my half interest in the house to another party.
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Old 06-08-2005, 11:29 AM
elklaw elklaw is offline
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It really depends on what is in the divorce decree that addreses property division. If you feel the house needs to be sold now, you need to go back to court and pursue the sale stating that it is clear that the wife is not going to live up to the terms of the agreement that the home be for her and the kids, and that you keep personal items in the garage while you paid for half of the expenses. You did not agree for her to have anyone there to live except her and the kids, and you agreed to be able to keep some personal items in the garage, which she clearly is not being cooperative about. Ask the court to order that the house be sold with proceeds split, and also have it so that the court approves purchase offers and not your wife since she may reject purchase offers out of spite. Good luck.
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