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How can I remain with my chidlren in our home?

Posted on: 13th Jun, 2010 07:26 am
This home was bought 15 years ago by my husband and I. We are currently getting divorced and he is refusing to work out a deal so I can stay inthe home with our chidlren. He is also filing for bankruptcy but it is clear it is a divorce planning strategy. Unfortunately, I am not on the mortgage to our home but we were married when it was purchased. I am not on the deed either but supposedly my name is in parts of the mrotgage papers. my husband has not given me enough money to pay the mortgage for the past 6 months so it is in preforeclosure. he said he would talk to the bank because the bank is interested in working out a deal so we can stay in the home but my hsuband is refusing unless i accept his settlement offer. my question is, is there a way that i can get him off of the deed and get myself on so i can work out a deal with the mortgage company? Right now I can;t even talk to them unless i get a letter from my husband allowing me to talk to them.
welcome casahoyt

as your name is not on the property and the mortgage, you won't be able to claim any ownership on that property. it is your husband who has to sign a quit claim deed and transfer the property to you in order to make you the owner of the property. however, as your name is not on the mortgage, i don't think you would be able to negotiate with the lender regarding a workout.
Posted on: 13th Jun, 2010 10:25 pm
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