At the time of seperation we had a home equity line of credit. He had borrowed $25,000. We have been divorced for 7 months and he has ran that up to $45,000. The divorce papers stated that he was not to borrow anymore against our home. My name is not on the loan at all and he is responsible for paying that back, but he only gets 25% of the house if I decide to sale in the next 8 yrs.
2007-02-26 23:09:10 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
do what i did search for lawyers in ur area and email all of them explain ur situation and ur financial situation i guarantee ull find at least 1 lawyer that will work with u
2007-02-26 23:46:36 · answer #1 · answered by somerandomchick 2 · 0⤊ 1⤋
Time to modify the divorce decree. He is taking equity out of your home so that will effect the amount you get out of the sale. He gets 25% of the equity from the sounds of it so that is after the sale pays off the home equity loan, it won't just be out of his pocket but yours. If your name is on the house and not on the home equity loan then there was some shady business done by the bank or some fraud by him.
See if your county has a lawyer of the day at the courthouse, free legal advice, but move quick before he eats up more equity in your home, because if he defaults on this loan its the house that will be taken by the bank.
2007-02-27 09:14:05 · answer #2 · answered by DL13 1 · 0⤊ 0⤋
OK -- is the house in both of your names? How on earth can he get an equity line of credit on the house if you don't sign for it? It would be a good idea to record your divorce agreement so it's a matter of public record and the title company would pick it up when doing a title search on your property. It would also be a good idea to contact whoever the lender is on the home equity line of credit to advise of the situation so they don't increase it again. You've got to put a stop to it immediately - unfortunately even though you have it in writing that your ex is responsible for repayment and is not to further encumber your property, once he's done it there's not a lot you can do about it - and it is encumbering your property so you could ultimately be the one who has to repay it. I'd see about the possibility of taking his name off title to your house (assuming it's on there) or at the very minimum revising how title is held to reflect his percentage interest IF sold in the next 8 yrs. There are groups that will assist you at no charge -- I don't know what area you're in but you should check on the web -- also the courthouse -usually there's a group associated with them that offer their services for free = usually a local law school or something like that. Good luck
2007-02-27 08:57:11 · answer #3 · answered by GrnEyedBlondeSwede 2 · 0⤊ 1⤋
YOU CANNOT AFFORD NOT TO GET A LAWYER. Get one today and get this resolved before it gets worse. I would contact the company giving him the credit and show them a copy of your divorce degree also. Good Luck.
2007-03-03 02:12:46 · answer #4 · answered by andyt 4 · 0⤊ 0⤋
Well he had better hope that in 8 years the house appreciates so that his 25% can cover that $45,000.
2007-02-27 07:13:32 · answer #5 · answered by Alterfemego 7 · 0⤊ 1⤋
you are screwed because the lien for that loan is on your house; you have to find a lawyer; did you get a quit claim deed to the house, hopefully yes.
2007-02-27 07:42:49 · answer #6 · answered by abc 7 · 0⤊ 0⤋
Take this to the county clerks office or the judge that signed your divorce and have him held in contempt of court.
2007-02-27 07:20:36 · answer #7 · answered by jdevil_74 2 · 0⤊ 1⤋
sounds to me like he has already gotten his 25% of the house. But if you go against the decree you will be the one in trouble. good luck
2007-02-27 07:35:57 · answer #8 · answered by twyla 3 · 0⤊ 1⤋
So long as his share is more than the amount of loan, u shud not worry.
2007-02-27 07:43:23 · answer #9 · answered by Anonymous · 0⤊ 1⤋
what about a lawyer referral service. its free
2007-02-27 07:19:45 · answer #10 · answered by holdnnmyown 2 · 0⤊ 1⤋