Posted on: 17th Jul, 2011 09:55 am
hello
i was given the house in the divorce almost three years ago and have made every payment on time since then. in july my ex calls me up and tells me that he is going to file bankruptcy and include the house. the agreement states that i will keep the house and refinance when i can, but if i sold give him $7500 or 254% of the profit whichever is less. when he told me he was filing bankruptcy my current husband and i immediately started trying to refinance the house and my ex told me he would not sign any papers at all if i don't give him the $7500. so we are trying to get enough to give him that, but in the mean time because he scared me, i haven't made a payment in 2 months but have notfied the bank and let them know what i am trying to do. i did not have representation in the divorce and he intimidated and scared me into signing the papers, which included numerous credit card debt he put in there for me to pay he had before we were married. i could not afford on at 27k salary verses his 70k salary to pay everything and the most important thing for me to pay was the mortgage,which i have on time for almost 3 years until recently.
my question is, what are my rights to the house, my name is not on the loan, but on the deed. do my divorce agreements give me any rights since i have paid on the house on time since he left? if i get the refinance, as stated in the divorce agreement, what are my options to get him to sign any papers he needs to? or should i just let them foreclose on the house? i dont know what to do..........
i was given the house in the divorce almost three years ago and have made every payment on time since then. in july my ex calls me up and tells me that he is going to file bankruptcy and include the house. the agreement states that i will keep the house and refinance when i can, but if i sold give him $7500 or 254% of the profit whichever is less. when he told me he was filing bankruptcy my current husband and i immediately started trying to refinance the house and my ex told me he would not sign any papers at all if i don't give him the $7500. so we are trying to get enough to give him that, but in the mean time because he scared me, i haven't made a payment in 2 months but have notfied the bank and let them know what i am trying to do. i did not have representation in the divorce and he intimidated and scared me into signing the papers, which included numerous credit card debt he put in there for me to pay he had before we were married. i could not afford on at 27k salary verses his 70k salary to pay everything and the most important thing for me to pay was the mortgage,which i have on time for almost 3 years until recently.
my question is, what are my rights to the house, my name is not on the loan, but on the deed. do my divorce agreements give me any rights since i have paid on the house on time since he left? if i get the refinance, as stated in the divorce agreement, what are my options to get him to sign any papers he needs to? or should i just let them foreclose on the house? i dont know what to do..........
Hi Guest,
As your name is not on the loan, you're not financially responsible for the mortgage payments. You definitely have ownership rights to that property as your name is mentioned on the property docs. If your ex files bankruptcy and includes the property, though you may lose it, you won't be liable for the mortgage payments.
Thanks
As your name is not on the loan, you're not financially responsible for the mortgage payments. You definitely have ownership rights to that property as your name is mentioned on the property docs. If your ex files bankruptcy and includes the property, though you may lose it, you won't be liable for the mortgage payments.
Thanks