I recently divorced almost a year and I did not sign a quit deed due to wanting my name off current mortgage of home. Its been an on going issue. The ex got the court to order the quit deed and filed it with the state. However, the mortgage is still is my name and the ex is now affecting my credit by not keeping up the payments. I believe I should be claiming the real estate taxes due to this and I am not sure if I can. I also need advice as to if the settlement states that the ex is to assume all interest and mortgage responsibilitiy how can I get this resolve.
2007-02-19 05:38:58 · 4 answers · asked by Just4Me 1 in Politics & Government ➔ Law & Ethics
Have your x-husband refinance the mortgage only into his name. As far as your credit qualification for a future mortgage loan, his payment history after the divorce will not affect you as long as the divorce decree states that he was awarded the house and assigned the mortgage. Your mortgage co. will not drop you off the liability just be showing a divorce decree. He will need to refinance it.
2007-02-19 05:58:29 · answer #1 · answered by Buff 3 · 0⤊ 0⤋
A divorce court can't remove you from the mortgage, but in most states, most divorce decrees are worded so that they act like a quit-claim deed in the event that one party does not cooperate in signing the appropriate papers.
As far as refinancing, the court's powers are limited to contempt actions against your ex-husband for not refinancing. You will probably need to show the Court that the court ordered him to refinance within a certain number of days, and he has refused to do so. The court has the power to punish him, usually by the way of fines, for refusing to obey its orders.
If your husband is behind on the mortgage payments, however, he may not be able to refinance in his name alone. If he can show the court enough evidence of this, then he may be able to avoid contempt.
You need the advice of an attorney who practices family (divorce) law in your state. For a referral, contact your state or local bar association.
2007-02-19 14:53:33 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
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2007-02-19 14:57:31 · answer #3 · answered by citronge69 4 · 0⤊ 0⤋
In court, you will have to make her take out a re-finance loan in her name only. But you will have to get your name off it completely.
She will kill you financially if she can. She's NOT going to care about what you care about.
2007-02-19 13:43:32 · answer #4 · answered by Jed 7 · 0⤊ 0⤋