My spouse let our home go into foreclosure after divorce. What court should I go to and how do I proceed?

Asked over 5 years ago - Gilbert, AZ

I was divorced 9/07. My ex got home. No language to refi but to maintain all dept and maint. on the property. By 12/07 she had financed a 2nd in her name for 114K.10/08 she quit making payments on the 1st. The home went into foreclosure. I convinced her to quitclaim the property back to save my credit. I want to sue her for the 6K it cost me to bring it out of foreclosure. The 114K 2nd on the property which she still receives income from. Since she stripped the home of many built in furnishings before she left I would like to sue her for the cost of the repairs that she did not keep up with as stated in the decree. I do not know if this is a family issue or a civil litigation matter. Frank

Additional information

Ronald & Barry,
After talking to many attorneys I have decided I am going to file a civil case Pro Per in Maricopa County Justice Court for 10K. The 6K I spent to get the property out of foreclosure, the cost to replace the items she took from the property (ex: garbage disposal & t-stat), damages she did to the property (ex: cutting out sprinkler timer's and damage from removing fixed shelving) and financial costs related to my getting the money together to bring the home out of foreclosure (ex: 10% penalty for early Roth IRA withdrawal). My legal documents are, Divorce decree stating that she is to maintain all maintenance and dept on the property and the Burglary Police report that was made showing she was on the property after I received the Quitclaim deed stealing items along with my witness to this occurrence. I will deal with any litigation concerning the $114K later since it would need to be done in Superior Court. I am current on the first which is in my name & have made no HELOC payments. THX, Frank

Attorney answers (2)

  1. Barry W. Rorex

    Contributor Level 14

    Answered . You need to speak with an attorney before you do anything else. The facts you have related are somewhat confusing. It seems like you essentially "bought" her interest by accepting the quit claim deed. Divorce situations are not generally conducive to sound business judgment. You need to step back from the divorce and present all of your facts to an attorney in your area to see if you have any available remedies. This involves a dispassionate reasoning process of deciding what obligations your ex had and whether her actions violated any of those obligations. Only after you have gone through this process can you make an informed decision about how to proceed.

  2. Ronald Anthony Sarno

    Contributor Level 20

    Answered . I am a NJ family lawyer not an AZ one. Please accept this answer as a general one. It is never a good idea to bring a woman defendant back into court on one of these disputes. Family courts are notorious for finding for the woman, and not the man. 1) Always use an attorney in these matters. 2) Make a motion in family court to enforce litigant's rights and to have her provide a complete accounting of what was taken from the house, and what is owed to you. DO NOT CONTACT HER. DO NOT THREATEN HER. I cannot count the number of times male clients of mine have done this, and the woman goes into court, tells the judge they are "frightened" of their "violent, jealous" ex, and off the man goes to jail. Please do not respond that she has done everything wrong and you have done everyhing right. Family court is NOT a pleasant place for men, and the rulings are rarely in their favor. Avoid civil litigation; almost every judge in America throws it back into family court unless it involves some form of commercial litigation (the parties owned a business) and even that is rare. Good luck.

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