Posted on: 24th Oct, 2008 04:05 pm
i have been divorced for over four years. my ex's name is still on the mortgage even though i pay it (on time) and the taxes and have for several years now. i have been trying to refinance to remove his name but they denied me and told me to try again in six months. now my ex is threatening me and trying to force me to sell the house. i refuse. since i am not defaulting on the mortgage and pay every month on time is there anything he can do to force me to sell? and if so, is there anything i can do to stop him? losing my home would mean losing my business (my pottery studio is in my home) and my livelihood. what can i do until i am able to refinance?
hi trish,
if your divorce papers does not state that you are bound to refinance the loan, then no one can force you to do so. you can apply for a loan assumption and check out whether or not your lender is ready for it. as your ex has taken the help of an attorney, i would suggest you to get in touch with an attorney and take his/her help in this matter. your ex's name is not mentioned in the property deed. in that case, he can't force you to sell off the property.
take care.
if your divorce papers does not state that you are bound to refinance the loan, then no one can force you to do so. you can apply for a loan assumption and check out whether or not your lender is ready for it. as your ex has taken the help of an attorney, i would suggest you to get in touch with an attorney and take his/her help in this matter. your ex's name is not mentioned in the property deed. in that case, he can't force you to sell off the property.
take care.
For all of you, find yourself a good qualified real estate attorney who is used to dealing with contested property rights. Much of what you are entitled to will be in your divorce decree. The rest will be stipulated in the law or settled in court by a judge.
Do yourselves a HUGE favor, and DO NOT try to interpret it yourself. In legal documents, words do not often follow the common dictionary definitions. They have their own legal definitions so assuming that you know what something means can have grave consequences.
Do yourselves a HUGE favor, and DO NOT try to interpret it yourself. In legal documents, words do not often follow the common dictionary definitions. They have their own legal definitions so assuming that you know what something means can have grave consequences.
what came of your situation?
Hi vans!
Welcome to forums!
It will be better of you could post your query in details. Every query varies from person to person. So, your situation may be different. Post your query in details so that members can give their suggestions to you.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
It will be better of you could post your query in details. Every query varies from person to person. So, your situation may be different. Post your query in details so that members can give their suggestions to you.
Feel free to ask if you've further queries.
Sussane
I'm hoping it is possible to force someone to sell their home. My husband's ex got the house/mortgage in their divorce 4 years ago. she had one year to refinance or sell in order to remove his name from the loan. She has failed to do so and even stopped paying her mortgage for over a year which killed my husband's credit. She was able to modify the loan but that did not remove his name. We desperately want to buy a house of our own but we cannot as long as his name is on her mortgage. She cannot refinance because of over 22 missing payments and the modification but refuses to sell even though her new husband owns a house of his own. We plan on taking her to court to force her to sell so that my husband and I can move on with out lives. Has anyone had luck with a similar situation?
Hi Kristy!
Welcome to forums!
You cannot force anyone to sell off the property. Your husband is in a tough situation. He will have to convince his ex-wife in order to get the property sold off. He can even contact a real estate attorney and take his opinion in this regard as well.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You cannot force anyone to sell off the property. Your husband is in a tough situation. He will have to convince his ex-wife in order to get the property sold off. He can even contact a real estate attorney and take his opinion in this regard as well.
Feel free to ask if you've further queries.
Sussane
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