X abandons house

[Soflatexan]

We divorced in sep of 2010. She was awarded the house and was to assume financial responsibility for the property. She lived in the house for almost 3 years and never made any payments. Now she has syripped everything fromto inside andstuff abandoned the house and moved in with her boyfriend and sent me an email stating I can do whatever I want with the house. The mortgage is now 34 payments behind and in foreclosure.
Do I have a civil case against her for intentionally destroying my credit.

[Attorney Howard Iken]

Possibly. You do have a case against her because chances are the divorce settlement said she will indemnify your - or hold you harmless on the house. Check your documents to make sure this language is included. You can reopen the divorce case to enforce - or you may be able to file a civil lawsuit. The problem that will arise is whether a credit score has a monetary value. I say it does. But a lot of judges disagree. That will be the uphill battle.

[Soflatexan]

The papers state she shall be financialy responsible for house. There also was a car that was the same situation and she let it get repossed. She has always had a job and I pay $750 a month in child support.
She also moved with approval of me or the courts. The area she moved to has unimproved roads and at times requires a 4 wheel drive vehicle to reach, making access unavailable to me. Also there is very limited if any cell phone service and no land line phone and no internet leaving me unable to communicate with our children.
We are going to mediation in 2 weeks to cover these issues and recalculate child support as ine child has reached 18.

[Attorney Howard Iken]

I assume you meant she did NOT have approval to move? Was this for a child that just turned 18? If so the relocation would be a moot point. Yes, at some point you do have the possibility of an enforcement action against her.

[Soflatexan]

Correct, she did not ask about moving. I received an email stating she no longer lived in the house and I could do what I wanted with it. She thinks it's ok to live free for 3 years and then abandon the house after she gutted everything out if it (even the bathroom mirrors) . We still have one child under 18a (this is why we are recalculating child support).

[Attorney Howard Iken]

Many courts will not award damages unless you are out-of-pocket actual money. So be aware, an enforcement action based on only damaged credit is a roll of the dice.