Posted on: 03rd May, 2011 10:15 am
ex husb quit deeded home over to me in very bitter divorce..states in divorce that i retain home and all property and am responsible for mortgage payments, insurance, taxes etc..i have paid every cent of these payments..he now is threatening to sue me to have the mortgage refinanced to get his name off of it..divorce has been final almost 4 yrs!! no mention of refinancing or anything of the sort is in the divorce...can he legally sue me to get me to refinance to remove his name?? the house doesnt appraise as much as it did 4 years ago, and i would owe a great deal of money to refinance..and i can't afford it
If your house in underwater, then you cannot refinance or sell. Your ex is stuck. Anyone can sue anyone for any reason. Will it get thrown out of court, or does he have a case? You would need to ask an attorney, but in my eyes, you have a court order, for you to keep the house. If you were still civil with ex, or still married, given the housing market, you Cannot refi. So either way he is stuck. Unless he goes back to court and the judge rules to sell the home. But again, no one would benefit, as your home is upside down, and any short sale, short refi, deed in lieu, or foreclosure, will all affect your ability to obtain funding in the future. Have him pay for an appraisal and tell him if there is equity, he can pay the costs to refi. But if you know the house is upside down, he will spend $ on something worthless. Good luck
thanks Chris......I'm going to speak to my attorney this week, I appreciate your input:)
Hi lsumm,
If the divorce decree does not mention anything about refinance, then you're not legally bound to do so. However, if you refinance your mortgage, then you will be solely responsible for the loan. You should contact an attorney and check out if he can take any legal steps against you.
Thanks
If the divorce decree does not mention anything about refinance, then you're not legally bound to do so. However, if you refinance your mortgage, then you will be solely responsible for the loan. You should contact an attorney and check out if he can take any legal steps against you.
Thanks