Posted on: 03rd Mar, 2008 02:11 pm
ok so my divorce was final but we didn't include the house we both bought. we were going to settle it outside of the court , but a year later and he still hasnt refinanced the house and my ex-spouse doesnt want to as he sttd would not be able to get the same sale the house either. i want to do the quit claim deed i'm aware that wont take my name off the loan until he refinances , but how would i get him to do that?? or am i stuck ? :cry:
Your husband would have to want to refinance to get your name off the loan as you already noted. You can try to encourage him telling him if he refinances he can get lower interest rate/ lower mortgage payments and possibly lower terms. Also, if there is enough equity build up he can get some cash out to do whatever he wants. The property will therefore be in his only and he can do what ever he wants with it. You just want your name off the loan. Honestly, I think at this point you are stuck until you can convince him that he should refinance and in the event take you name off the loan.
Jean
Loan Officer/Representative
Jean
Loan Officer/Representative
Oh you seem to be in trouble. Is your spouse making the payments or he's just left it like that? If he is not willing to sell the property and you don't want to keep it for you, you can consider filing a Partition Lawsuit and bring about a forced sale of the home. Consult an attorney in this regard and also inform the lender that you are planning to do so.
Thanks
Thanks
You made a big mistake getting a divorce and not dividing the largest asset owned by both of you. You cannot force your husband to do anything at this point. You can file a partition lawsuit as mentioned, or get your husband to agree to sell or refinance.
most divorcing couples, in my experience, work this out in the negotiations prior to the issuing of a divorce decree. i have seen many decrees that stipulate a period in which the remaining (owning) spouse is required to obtain a refinance to take the other party out completely.
if this was not a part of your divorce settlement, you are pretty much at the mercy of your ex-husband, it appears.
if this was not a part of your divorce settlement, you are pretty much at the mercy of your ex-husband, it appears.
