Posted on: 19th Jul, 2009 04:38 pm
i was divorced in 2006 and my ex wife was awarded the house with all debt. with instructions to make a good faith effort to refinance the house in her name only with in 90 days, do a quick claim deed in her name, also she was ordered to make timely payments and i was not to be harmed. well it is now 2009 and my name is still on the house, the payments have been 30 to 90 days late at times and i have not signed a quick claim deed. we have been to court over 5 times on this issue and the last time we was there the judge ordered my ex wife to find someone (realtor) to find out how to put the house on the market or find someone to buy the house herself, also she needed to bring the payments up to date, that was about 2 months ago and we are to return before the judge on tuesday for a update on this issue. i know for fact the house is 30 days behind in payment and i believe she has not spoken to anyone about this issue.
what can i do ?
also can she place the house on the market if my name is still on the deed ?
what can i do ?
also can she place the house on the market if my name is still on the deed ?
Hi William,
You can quitclaim to get your name off the house. But in order to get your name off the loan, your ex will have to refinance in her name. Given the fact that she is late on the mortgage payments, it does not look possible for her to qualify for a refinance. I think in this situation, it is better for you to try and force a sale of the property. You can file a partition lawsuit in the court. You can then put the house on market, sell it off and pay off the existing loan. If there's any excess money, you can divide it between yourself and your ex.
You can quitclaim to get your name off the house. But in order to get your name off the loan, your ex will have to refinance in her name. Given the fact that she is late on the mortgage payments, it does not look possible for her to qualify for a refinance. I think in this situation, it is better for you to try and force a sale of the property. You can file a partition lawsuit in the court. You can then put the house on market, sell it off and pay off the existing loan. If there's any excess money, you can divide it between yourself and your ex.
hello, William, which state are you in? as long as your name is on the loan, it is no good for you if she delays the payment and you may go foreclosure or otherwise sell it...Do you have any equity in the house?
can i have the courts tell my ex to refinace to take my name off a home loan
to the latter question: yes, you can. however, your success in having this situation take place will be severely limited by your former wife's inability to make payments on time. how is she to refinance if her payment record is spotty? it won't be easy.
