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Mari D | Husbands' name is solely on mortgage but mine is also on deed. can he force me and kids out of house to sell |
I have offered to pay the mortgage under his name until i find a job with enough income to transfer over to my name. He wants out of the mortgage to get a house with his "girlfriend". staying in our current home will be best for kids . He is more concerned with his new life. Can he force myself and 3 kids out of house and sell. My name is also on the deed. |
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lothar6680
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I've been through a similar situation, though from the other side. I will say that you and he both need to work as hard as possible to remove all emotions from your decision-making. I know it's much easier said than done, but my ex and I have done it (though it took us a few years to get to that point).
The mortgage was in my name, the deed was in both names. I wanted to buy a house with the new GF, but needed that mortgage off my name to do so. The ex was in school and couldn't get a mortgage on her own. She was concerned that I was going to boot her and our son from the house. I went to court and filed a Deed of Trust to Secure Assumption. What this does is acknowledge that yes, the mortgage is in the husband's name only. But it makes the wife the one responsible for paying it. Should the wife fall behind on the payments, the husband has a legal right to reclaim the deed to the house. But with this document, the husband can get a house by showing that you are legally responsible for paying this note, not him.
He still protects his interest in the house, but cannot boot you and the kids unless you fail to pay the mortgage. He has no legal right to the house UNLESS you fall behind on the payments.
Good luck. |
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puzzlelove
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No he can not force you out of your home. (at least in the states I know of). If he continues to pressure and you move out, then he can say that you abandoned the property. I believe but admit I am not 100 percent this could prevent you from moving back in. It was nice of you to offer to pay the mortgage until it can be transferred over. I assume that you would be paying him for his share of the home, since it is both of your names. If he truly wants a house for him and his new girlfriend, he will figure out a way to afford one. PS, I wonder if he will try to force her out of the new home when he is "no longer in love with her" |
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Zoe
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No he cannot,you need a good lawyer to tell him just what he can't have.He chose to commit adultry and abandon 3 kids and his wife,he loses all.I will be praying for you and your children. |
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newmexicorealestateforms
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First of all there are two instruments that were created originally. One was the promissory note which created the debt and Two the mortgage which gave the right to the lender to proceed against the property by the parties holding title to the property.
Another issue is if you live in a community property state the state will recognize that both spouses own 50/50 interest in all property and debts acquired after marriage and in some cases even properties acquired prior to marriage if you also live in a lien theory state.
I can not imagine under the above mentioned circumstances how a lender would create a note and mortgage without in the least requiring that the parties shown of interest in the property being used as collateral in the mortgage sign the mortgage. Unless of course they were defrauded.
The note creates the debt and can be enforced separately from the mortgage, since the mortgage is nothing more than the property owner/s of record giving the lender the right to proceed in a court of law and sell the property in the event that the note is not paid then how can the lender proceed against you if you are not part of the note or of the mortgage but merely are listed as one of the property title holders in the county records?
Of course in the proceedings to foreclose you would be named as one of the parties holding interest in the property adverse to those granted to them in the mortgage and where your priority of interest lies within your state law only the judge knows. But I doubt that the judge would rule that you can loose your interest based upon what you husband did unless you had prior knowledge and consented to such acts or the facts are not as you describe them.
I would highly recommend that you seek legal counsel in your state before you are misled by either other parties or your own misunderstanding of the facts. To acquire legal assistance you can go to: Free legal aid search for all states: http://www.lawhelp.org/
Buena Suerte |
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Not Laughing w/ U
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If your name is on the deed then Nope!!! Besides unless he takes a loss he will not likely sell that fast right now anyway.
And there are other options for you. If he will quit claim his interest in the home to you then you might be able to refi the house with nothing down if there is 20% equity there.
Look, you have to be smart and not get emotional or else he will get you to do things to benefit him. Be careful right now if you are on credit cards with him because he could run them up and hurt your credit. If you fight then he will most likely try to hurt you but if you atleast try to be civil (without giving him the house) then you might be better off in the long run.
There are all kinds of loans out there and even private money loans that you might be able to get. If there is equity in the house and you can get a job and maybe a roommate to pay a mortgage then do it. Private Money Loans have very high interest usually but you might already know someone that writes them and you've just never thought about it. If you know anyone that manages a trust then they might write loans on it. You'd just need it for a few years or maybe less, then you could refi on your own with a more traditional lender. To find private money lenders you can call different mortgage brokers and see if they have any. |
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KathyS
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No he can't sell it without your signature.
Call a lawyer. Selling might be best though unless you are SURE you can afford the house on your own (plus child support). I know a woman in the same situation and she is having a hard time making ends meet even with a great job. There is alot more to affording a house then just the mortgage. |
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chante
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It is the deed that shows ownership. You need a lawyer. |
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Hammertime
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He cannot force you out of the house unless it is ordered by the courts...If you are on the deed, it is also legally yours..He is the one SOL because he is on the loan, if he skips and you dont pay, it is his credit on the line, not yours...Good luck...By the way, it sounds like he is real as*ho*le..Let his new tramp have him... |
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Pay No Taxes For Life
 |
No, you have ownership in the home, for you are on title. And he is responsible for the loan. However, he also has legal access to the property. It will be best to see your lawyer to help resolve this issue.
You will need to talk with a trusted mortgage advisor to develop a plan for you.
I'm sorry you have to go through this. I wish you well |
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Alterfemego
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One to buy TWO to sell. |
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robert S
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Be careful how you play this out. Since the property is in both of your names, you two are both owners. He cannot force you out until the divorce judge says so. Since he is the only one on the mortgage, he is the only one responsible for the mortgage until the judge says so too. So at this point, your husband is the one that is responsible for the mortgage.
Now for the sticky point...he can default on the mortgage and the bank can foreclose on the house if there is little equity. You still may have to move but he will be the one with the bad credit and he can forget about buying another house for a while. So you can play hard ball until the judge says otherwise.
If your husband was the sole supporter of your family until he decided to split, you should receiving alimony and/or mortgage payments. If your divorce attorney can drag the case out longer, you may end up staying there for a little bit.
Most likely, the judge would want to have the property sold unless either one of you can come out with enough money to buy the other out. Now this is how you may stall a little while...don't tip your hands, don't say anything until you get into court, but if you can have your attorney convince the judge that you should be the one to hire a Realtor, but don't give any indication how much you are going to list the house. Just tell the judge since you are the one living there, it is a lot more convenient to work with the Realtor and to show the house. After the judge awards you the right to list the house, sign a listing agreement and list it high. In this market, it may take a while. By the mean time, you get to stay there until you get your finance and job situation straighten out.
It is understandable that if your marriage is disolving, the former partners are going to want to move on with their lifes. That will mostly be the judge's sentiment and since he or she is not going to be Judge Judy, the judge would want this resolved and close out the case. So please do not beat yourself up on that. On the other hand, if you going to shoot, do it in cold blood. You aim better. Sorry I can't be of more help but best of luck.. |
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fruit_snacks
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first off you are bitter.. this is more about the fact that your upset about the new gf....
you need to talk to your law yer... you will more then likely be allowed to stay in the house, since you have the kids. and when the kids turn 18 or graduate then you will have to sell the home and split the money...
the best thing would be to sell the house now, and start fresh. why live where there are a bunch of bad memories....
how do you even know he wants to get a house with his gf... you keeping the house has nothing todo about him getting a house with his gf.... this is about you being jealous of the new gf. |
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