Its been 10 yrs and I now I want to buy a house but the bank sees this other mortgage and says no to me. What rights do I have? Can I sell it? Can I evict her?
2007-05-21 14:49:18 · 12 answers · asked by blkmercman 1 in Business & Finance ➔ Renting & Real Estate
Unless it is refinanced, your name will remain on. It should have stated in the divorce, giving her x amount of time to refinance under her name alone.
You may have to go back to court, and specific in the terms of that agreement. Call the lender for that and see what it will take.
Read your divorce papers to see if she has not complied with it. For the period of time, it might be a why haven't you done anything earlier kind of situation.
Be persistent and Good Luck.
2007-05-21 15:20:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I think if she got the house in the divorce settlement, you should have made a condition in there that you are off the hook for the mortgage. Maybe there's enough equity in the house now that the bank will let you off. It's really the bank's decision, but the ex has to co-operate. If the settlement agreement gave her the house /deed, you can't evict her or sell it. you probably need to cosult a lawyer unless you can work it out with the bank and the ex.
2007-05-21 22:00:11 · answer #2 · answered by ? 3 · 0⤊ 1⤋
I suspect that the situation here is your ex-wife got the house in the divorce, and you signed a quit claim deed to her. A common error, since a quit claim deed only removes any ownership interest you have have had in the property, but does NOT remove your name from the mortgage on said property.
Your only options are to convince your wife to refinance the property in her name only, or to pay off the balance for her to get your name off the mortgage.
2007-05-22 07:35:04 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
A quit claim deed won't help this situation.
And no, you cannot evict her.
You are still on the mortgage in the eyes of the lender. You need to dust off the divorce decree and see what your obligations were in regards to the mortgage. You may have to contact your attorney if this wasn't specifically addressed. If it was, you need to enforce the terms of the divorce and she needs to obtain a mortgage in her own name.
2007-05-22 00:19:48 · answer #4 · answered by godged 7 · 0⤊ 0⤋
You need to contact an attorney and ask that she do a quick claim deed otherwise the mortgage company can still come back on you if she faults.
No, you can't sell it, she has court documents showing you own no interest in it.
No you can't evict her from HER house.
Get an attorney.
2007-05-21 22:04:13 · answer #5 · answered by Mulysa 5 · 0⤊ 0⤋
She needs to file a quit claim deed...I don't think she actually HAS to unless it was specified in the divorce papers. Call a lawyer & ask, most will tell you over the phone for free.
2007-05-21 21:53:01 · answer #6 · answered by Anonymous · 1⤊ 0⤋
The court should have made her refinance it. I assume they already had you sign a quit claim deed, so you don't own it. Go file a post-judgment motion with the court who issued your divorce, request that they force her to refinance or sell it.
2007-05-21 22:40:21 · answer #7 · answered by aphrodite_ak 2 · 0⤊ 0⤋
I am keeping the house, and going to pay the mortgage. Can I get my spouse's name off the title?
Yes, you can get your spouse's name off the title by having him/her execute a quit claim deed. Once this document is recorded, your spouse's name will be off the title to the house.
2007-05-21 21:56:01 · answer #8 · answered by mes210 4 · 0⤊ 1⤋
she needs to refi the home to get your name off the mortgage quick claiming will only take you off title. you could also try to prove that she makes the payment and not you and continue with buying your other home
2007-05-21 22:08:18 · answer #9 · answered by James S 2 · 0⤊ 0⤋
you and her need to go to the bank where it is financed and tell them to take off your name tell them your situation i had to do the same thing with my ex-wife it works jus grin and bare her presence and it will pay off in an hours time
2007-05-21 21:57:43 · answer #10 · answered by winegeartr 2 · 0⤊ 0⤋