Posted on: 07th Feb, 2010 12:32 pm
2007 i bought my house here in TX i was seperated from my husband but due to not being divorced- per TX law he needs to be in the deed. Although he is not in the mort.since he has a bad credit then. After the divorce per decree I am keeping my home and another form of paper he needs to sign to take his name off the prop./deed. My ex kept denying saying he lost the papers -2 mos after the divorced we still comes every 2-3 mos here in TX to visit our daughter my kids. Our relationship is still like a married couple ,Also for all those times he has been helping me with my finances becuz i lost 3 jobs in 10 mos since me and my 5 kids moved here- my ex has a great paying job in CA and refused to move here. He told me that he will continue helping me fianncially wise since he can't be here. Now we are not doing good he is now asking for all the money he has given me since he can't get what he wants from me. hHe said he will sue me and put a lien against the house - ehich i know he cant since His Name ties to it still. Now to my understanding even though he is not in the mort loan and we still playing a married couple even after eh divorce and i didn't have any contract with him that I will pay him back.. Doesn't he still obligated to help since he also told me that he doesn't want me to lose the house due to his daughter is with me and the kids too. Each time he comes here he stays for 10 days for the last 2 yrs about 10 mos all in all. If i foreclosed on the house does that affect him too for buying a home in CA?? Can he be denied on that??? Thank you .
IF he is on the mortgage than a foreclosure will hurt him as well. It will effect both of your credit equally. The credit bureaus dont know who pays the mortgage. He can go back to court and ask the judge for the house to be sold and they can ammend the decree to force the sale of the home. In which case you would both split the proceeds.
Hi chameleon,
Your ex-husband is not on the mortgage deed, which is why his credit score will not be affected if the house is foreclosed. He is also not obligated to make the mortgage payments since he has not signed the mortgage promissory note. If his name is on the property deed, he has the right to sell the home. However, the divorce decree states that he has to sign on certain documents to take his name off the title, right? If the decree states so, he has to take his name off the deed. If he does not sign on the documents, he will be in contempt of court.
Your ex-husband is not on the mortgage deed, which is why his credit score will not be affected if the house is foreclosed. He is also not obligated to make the mortgage payments since he has not signed the mortgage promissory note. If his name is on the property deed, he has the right to sell the home. However, the divorce decree states that he has to sign on certain documents to take his name off the title, right? If the decree states so, he has to take his name off the deed. If he does not sign on the documents, he will be in contempt of court.
If you can make the payments do so. Also let him sue (he's bluffing or stupid). If he sues you the judge because he has children who directly benefited from any money he gave you, will likely call it child support. Thus relieving you from any responsibility to pay it back. Ive seen it a hundred times. The judge will likely force him to sign what ever the divorce decree calls for him to sign as well. The best part is you wont have to pay for that either. Pray for him to be stupid enough to do it. He just wants the goodies.
J
J