my wife divorced me, left everything, her name is still on the 2nd mortgage. I have not been able to get it off due to a poor credit score because of the divorce. she is now holding me contempt in court, because her name is still on the 2nd mortgage, can the judge force me to sell my home? I work out of this home. No money is involved, it is just a matter of a name on a piece of paper, that I'm trying every thing I can do to get off. What am I facing?
2007-03-08 11:19:44 · 12 answers · asked by fstmx 3 in Family & Relationships ➔ Marriage & Divorce
You are facing another court battle. You must pay off that second mortgage to get her name off of it. Ask your lawyer. sorry dude.
2007-03-08 11:24:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If her name is still on the mortgage then she too is liable for any payments on the house. And since you obviously can't come up with your share of the mortgage you are in contempt...your wife isn't doing it YOU are doing it to yourself. I would figure that sooner or later a judge is going tell you to either sell the house with half the proceeds going to her or simply hand the house over to her, because evidently she has been paying the principal on the loan...
2007-03-08 19:27:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Talk to your lawyer.
I don't believe a judge an force you to sell your house unless you are in default on the 2nd mortgage. The bank doesn't care as long as payments are made.
GO TALK TO YOUR DIVORCE LAWYER. Did you get the house?
2007-03-08 19:33:34 · answer #3 · answered by Tom-PG 4 · 0⤊ 0⤋
If the divorce decree says you need to take her name off then you do. There is money involved if you don't have the money to pay off the 2nd lien. Yes, you may have to sell the home or at least get the money to settle up.
2007-03-08 19:25:44 · answer #4 · answered by folklore 7 · 0⤊ 0⤋
Just have your mortgage company or attorney draft the necessary docs to transfer ownership of the debt to you.
If you are agreeable and are trying to get this facilitated and she motions the court, you may be entitled to attorney's fees since SHE is the one making it difficult.
Talk to an attorney.
2007-03-08 19:28:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need a lawyer fast. You're in a really bad legal situation. Anything we could say would probably make it worse. You really need expert in-person help with this.
2007-03-08 19:23:38 · answer #6 · answered by booktender 4 · 0⤊ 0⤋
Why are you paying for it then, if it's under her name, dont pay the mortgage, no house is worth keeping......Jesus loves you
2007-03-08 21:01:03 · answer #7 · answered by Bert 4 · 0⤊ 0⤋
what a bitc* you were married to..........was that part of the divorce, that you would re-finance and put it in your name? Contact the lienholder and talk with them about it.
2007-03-08 19:23:36 · answer #8 · answered by abc 7 · 0⤊ 0⤋
sounds like you either have to grovvel to ur ex or go get a really good lawyer . . .
2007-03-08 19:24:58 · answer #9 · answered by prince14 3 · 0⤊ 0⤋
instead of spending time here asking us you should have picked up the phone and called your lawyer.
go call him now. what's the hold up. go.... now
2007-03-08 19:23:57 · answer #10 · answered by KRIS 7 · 0⤊ 0⤋