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windee1026 | I recently got divorced. my ex husband will not refiance? |
i am not living at that house. my name is still on the mortgage. is there a way to get my name off? |
 |
 
JFAD
|
Without refinancing or selling there is nothing you can do to get your name off the mortgage obligation. If you had a good divorce lawyer, s/he would have insisted your ex refinance in his name alone so you could be free of that mortgage obligation on your credit reports. If that wasn't done as part of the divorce agreement, and if although your name is off the title [after you recorded a quitclaim deed], your name remains on the mortgage until you and the ex refinance or sell. If monthly payments are made on time, that will reflect well on both credit reports and FICO (Fair Isaac Corp.) credit score. |
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Smorific
|
You should contact the mortgage company, explain the situation and ask for you options. Depending on the state you live in and the settlement at the time of the divorce, he may have to give you half the value of the home anyway. You should talk to your divorce lawyer to verify the laws of the state you're in as well. |
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jim7368
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NO, you will be liable to the bank whether you are married to him or not, whether the court says he has to make the payments or not. You may have a cause of action against him if he doesn't pay but you are liable to the mortgage holder until it is paid. |
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robert495713
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It depends on what your divorce decree says - if he's court-ordered to refinance within 6 months or so, and he doesn't, you can file contempt of court documents and the court will FORCE him to do it. If it's not in the paperwork, then you're probably out of luck.
Bottom line is, talk to your lawyer, because my advice is not legal advice and I am not an attorney. |
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Paula M
|
Go buy a "for sale by owner" sign and stick in it the front yard, list the house w/ a realtor....and send a letter to the Judge in your Divorce that hubby is not abiding by the terms of the divorce (which better have included him refinancing the house in his name alone)......
If the Judge finds him in violation of a court order - he can allow you to complete the sale w/out his signature (via a court order).
Don't delay - your credit is on the line!!! |
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roaringlion
|
Sorry to hear about your divorce.
Sorry can't give you a proper answer 'coz I'm not from your country.
A very general advice would be to see a lawyer. She/he would be able to help you out. Also if you go into the Internet, you can get answers to your questions (for free too, at times)
Hope that helps. |
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BoomChikkaBoom
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Your lawyer would have made sure that was taken care of in your divorce. Your husband won't have a choice. |
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jane
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was that not one of the issues in the divorce
I would say it was an important one |
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notyou311
 |
Talk to your lawyer. All of that should have been taken care of as part of the divorce. |
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frogee100179
 |
You can actually have a notice added to your credit by contacting them that states you are not responsible for the payments on that mortgage due to your recent divorce. Then, take him back to court. He is now in violation of a court order as long as your divorce decree was detailed enough to include obligations. |
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satarnag
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Talk to your lawyer so he/she can either have your husband buy you out or force the sale of the home.
Regards |
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