Posted on: 03rd Dec, 2009 03:23 pm
My husband and I recently divorced, the house was on the market at the time and we had both agreed to move out so that it might sell more quickly. Well, he lost his job and moved back in and is now not wanting to sell. We are unable to pay the mortgage. He is wanting to live there for nothing until it is forced in to foreclosure. This is ruining my credit! There is nothing in the divorce agreement giving either of us more ownership over the house than the other. What do I need to do to get my name off the deed and mortgage since he is not cooperating in selling?
Hi Guest,
To get your name off the mortgage, you need get the mortgage refinanced in your husband's name. But given his financial situation, it does not seem to be an option. You can file a partition lawsuit in the court to force a sale of the house. The court will order sale of the property, the mortgage will be paid off and if there remains any excess money, it will be divided among you and your husband.
To get your name off the mortgage, you need get the mortgage refinanced in your husband's name. But given his financial situation, it does not seem to be an option. You can file a partition lawsuit in the court to force a sale of the house. The court will order sale of the property, the mortgage will be paid off and if there remains any excess money, it will be divided among you and your husband.
>>This is ruining my credit!
You're right, his actions are runing your credit and it's not fair to you. Since the divorce is recent, I'd call my Divorce Attorney if I were you, explain the situation, and see if you'd be able to revise the existing agreement. If not, ask her what legal action you can take to stop him from damaging your credit.
You're right, his actions are runing your credit and it's not fair to you. Since the divorce is recent, I'd call my Divorce Attorney if I were you, explain the situation, and see if you'd be able to revise the existing agreement. If not, ask her what legal action you can take to stop him from damaging your credit.
was there no stipulation in the divorce decree as to sale of the home? this is a shame.
